Battery

Battery

Actus Reus- applying unlawful force on/to another person

R v Thomas- A school caretaker touched a 12 year- old girls skirts Legal principle- Touching clothes is equivalent to touching him. The lightest touch will be sufficient Wilson v Pringle- D grabbed the other boys bag causing v to fall over Legal Principle- It was decided that for a battery the contact must be proved to be hostile Force can be applied to v in a different ways, without making direct contactFagan v MPC- D parked on a PC's foot. Initially it was an accident. When asked to move he refused Legal Principle- Force can be applied via a continuing actDPP v K- Poured sulphuric acid into a hand dryer another boy used the hand- dryer and got hit in the face with acidLegal Principle - Force can be applied indirectly eg via an objectDPP v Santana-Bermudez- D allowed the PC to search his pockets knowing he had needles in his pocketLegal Principle- Force can even be applied by an omission but only where D has a duty to act and fails to perform that duty

Mens rea- Either intention or recklessness to apply unlawful force on/to another person

R v Mohan- D accelerated towards VLegal Principle- Intention is where a D aims to apply unlawful force R v Cunningham- D knew the risks involved in his conductLegal Principle- Recklessness is where a D realises the risk of applying unlawful force and carries on regardless