Battery

Battery

1. Actus Reus- Applying unlawful force on/to another person

   • R v Thomas
     • Ackner J, Touching clothes is equivalent to touching him. The lightest touch will be sufficient
   • Wilson v Pringle
     • It was decided that for a battery the contact must be proved to be hostile
   • Fagan v MPC
     • Force can be applied e.g via a continuing act
   • DPP v K
     • Force can be applied indirectly e.g 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

2. Mens Rea- Either intention or recklessness to apply unlawful force on/ to another person

   • R v Mohan
     • Intention is where a D aims to apply unlawful force
   • R v Cunningham
     • Recklessness is where a D realises the rick of applying unlawful force and carries on regardless