Battery

Question 1

Defined in…

Answer 1

> Common law
- Intentionally or recklessly applying unlawful force with no injury.

Question 2

Actus reus

Answer 2

1. Application of force.
2. Force has to be unlawful.
3. How the force is applied.

Question 3

Clothes

Answer 3

> R v Thomas (1985)
1. The slightest touch is all that is needed.
2. Touching someone’s clothes is the same as touching them.

Question 4

Implied consent

Answer 4

> Wilson v Pringle (1987)
- Legal principle = For a battery the contact must be proved as hostile.

Question 5

Hostile meaning

Answer 5

> Unwanted or aggressive

Question 5

Ordinary Jostling’s of everyday life

Answer 5

> Wilson V Pringle
- It is not unlawful as D will be assumed to have given implied consent to them.

Question 6

Continuing Act

Answer 6

> Fagan v MPC (1969)
= Actus reus before mens rea

Question 7

Indirectly

Answer 7

> DPP v Logdon
= Injured in other non-intended ways / chain reaction.

Question 8

Omission

Answer 8

> DPP v Santana Bermudez (2003)
= duty to act and neglects to perform that duty.

Question 9

Mens rea

Answer 9

> Intentionally or recklessly applying unlawful force on/ to another person.

Question 10

Intention

Answer 10

> R v Mohan
= Where D aims to bring the consequence.

Question 11

Recklessness

Answer 11

> R v Cunningham
= D realises the consequence yet carries on regardless.