1. Battery

2. Battery – Actus Reus Ireland; Burstow – AR = Application of unlawful physical force to another

3. Actus Reus – the Force Force can be slight V does not need to suffer any pain or injury Collins v Willcock – “any touching of another person, however slight, may amount to battery” E.g – slap, kiss, throwing a drink over someone Thomas – touching clothes amounted to battery Fagan – can be a continuing act – applying unlawful force by driving on to police officer’s foot – by leaving the car there meant the unlawful force continued up until the time D had mens rea

4. Actus Reus - Unlawful Force Fact that V hasn’t consented usually makes the force unlawful Some force may be lawful: If victim consents to the force Sports such as Rugby Surgical procedures, visits to the dentist If V doesn’t consent: Acting in self-defence Police officers using force in the prevention of a crime – but only so far as the law deems it necessary - Collins v Wilcock – police officer who took hold of woman’s arm was not arresting her so this amounted to battery Everyday physical contact Collins v Willcock – all those who move about society have given implied consent to the physical contacts of ordinary life as they have exposed themselves to bodily contact – e.g. jostling in a supermarket/underground station, hand seized in friendship at a party (or even a back slap within reason) But – if contact exceeds what is generally held to be acceptable (hand squeezed tightly at length until it hurts, repeatedly slapping someone on the back) force may be unlawful

5. Actus Reus – Indirect Batteries Battery can be inflicted indirectly DPP v K – battery can be indirect – schoolboy put acid in a hot air drier and another pupil was injured Haystead – man punched a woman who dropped her baby – battery on the baby – D had used the woman as a weapon to injure the baby (n.b would also be liable under transferred malice – see below)

6. Actus Reus – Omissions Must be an act unless there is a duty to act, in which case it can be an omission. Santana-Bermudez – D was asked, but failed to inform police officer searching him that he had a hypodermic needle in his pocket. Officer injured – failure to tell Officer about needle amounted to the AR of battery

7. Mens Rea Venna – MR = Intent or subjective recklessness to apply force to another D must intend or see the risk of unlawful force being applied to another Don’t need any intent or recklessness as to harm – only the unlawful force Latimer – transferred malice – D intentionally hit A with a belt, belt rebounded and hit B, D had MR for the attack on A which was transferred to B. Transferred malice only applies where MR and AR are for the same crime

8. Battery Questions 1.Was there force? What was it? 2.Was the force unlawful? – (Any issue of indirect battery or omission?) 3.Did D intend or was he subjectively reckless to apply force? – (any issue of transferred malice?)