Battery (NFO)

Question 1

Where is battery defined?

Answer 1

Common law

Question 2

Actus Reus?

Answer 2

Applying unlawful force to another.

Question 3

Case for force and LP

Answer 3

R v Thomas. Force means even the lightest touch. Touching someone’s clothing is the same as touching the person.

Question 4

Case for Unlawful force and LP.

Answer 4

Wilson v Pringle. For a battery, contact must be hostile. Hostile is unwanted or aggressive. ORDINARY JOSTLINGS OF EVERYDAY LIFE OR HORSEPLAY is not unlawful force.

Question 5

3 different ways force can be applied?

Answer 5

Fagan v MPC. Force can be applied via a continuing act.
DPP v K. Force can be applied indirectly via an object.
DPP v Santana-Bermudez. Force can even be applied by an omission but only where D has a duty to act and fails to perform that duty.

Question 6

Mens Rea?

Answer 6

Intention or Recklessness to apply unlawful force on/to another person.

Question 7

Direct Intention case

Answer 7

R v Mohan. Intention is where D sets out/Aims/Decides to bring about a consequence.

Question 8

Recklessness case

Answer 8

R v Cunningham. Realising a risk and carrying on regardless

Question 9

Transferred Malice

Answer 9

R v Latimer. Mr. can be transferred from an intended V to the actual V

Question 10

Single transaction theory

Answer 10

Thabo-Meli. D’s Mr. can extend to coincide with a later AR.

Question 11

Continuing Act

Answer 11

Fagan v MPC. D’s AR can be extended to a later Mr. and result in coincidence.