Battery

Question 1

Define Battery

Answer 1

Application of unlawful force to another person.

Question 2

Actus Reus of Battery

Answer 2

-Application of unlawful force to another person
-Slightest of touching, Collins v Willcock
-Committed unlawfully, Pegram v DPP
-Touching of clothing, R v Thomas

Question 3

Indirect Act

Answer 3

D causes force to be applied even though they don’t personally touch victim
DPP v K

Question 4

Omissions

Answer 4

Omitting to perform an act is rarely battery
Seen in DPP v Santa-Bermudez

Question 5

Battery without assault

Answer 5

Victim is unaware of the force going to be applied.
E.G Attacked in sleep

Question 6

Mens Rea for Battery

Answer 6

Intention to apply unlawful physical force to another or, subjective recklessness as to whether unlawful force is applied