Battery

Question 1

What is battery defined as?

Answer 1

Battery is defined by Lord Goff in Collins v Wilcock as ‘the actual infliction of unlawful force’.

Question 2

What constitutes the actus reus of battery?

Answer 2

Lord Goff in Collins v Wilcock: “Any touching, however slight, may amount to a battery”.

Question 3

What is the significance of touching clothing in battery cases?

Answer 3

Touching the victim’s clothing while they are wearing it is almost like touching the victim’s skin.

(Thomas)

Question 4

Can indirect battery still be considered battery?

Answer 4

Yes, indirect battery is still considered a battery as established in R v Martin.

Question 5

What does unlawful touching mean in the context of battery?

Answer 5

Unlawful touching means it must be ‘hostile or aggressive’ as per Wilson v Pringle.

Question 6

What is the mens rea of battery?

Answer 6

The mens rea of battery is the intention or recklessness to inflict unlawful force on the victim.

(Venna)