Battery Actus Reus Ireland Burstow AR Application of unlawful physical force to another Actus Reus the Force Force can be slight V does not need to suffer any pain or injury ID: 462731
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Slide1
Battery Slide2
Battery –
Actus
Reus
Ireland;
Burstow
– AR = Application
of unlawful
physical force
to
anotherSlide3
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
reaSlide4
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 Slide5
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)Slide6
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 batterySlide7
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 crimeSlide8
Battery Questions
Was there
force
? What was it?
Was the force
unlawful
?
(Any issue of
indirect battery
or
omission
?)
Did D
intend
or was he
subjectively reckless
to apply force?
(any issue of
transferred malice?
)