Application

Question 1

How can the application of unlawful force be applied?

Answer 1

The actus reus of battery is the application of unlawful force to another person, which may be applied either directly or indirectly, as recognised in Collins v Wilcock.

Question 2

Direct application of force

Answer 2

The application of force may be direct, such as physical contact from one person to another.

Question 3

Indirect application of force

Answer 3

However, force may also be applied indirectly, where the defendant causes force to be applied through another action. For example, in DPP v K acid placed in a hand dryer injured the victim, and in Haystead v DPP the defendant punched a woman causing her to drop a baby.

Question 4

Can touching someone’s clothes amount to battery?

Answer 4

Even touching a person’s clothing may amount to battery, as clothing is considered part of the person, as established in R v Thomas.

Question 5

How can battery also be committed?

Answer 5

Battery may also be committed by an omission where the defendant has a duty to act and fails to stop the force from continuing, as demonstrated in DPP v Santana-Bermudez.

Question 6

Can battery occur through a continuing act?

Answer 6

Additionally, battery can occur through a continuing act, meaning the actus reus continues over a period of time. This was illustrated in Fagan v MPC, where the defendant accidentally drove onto a police officer’s foot and then refused to move the car.