Actus Reus Ireland AR Application of unlawful physical force to another Battery Actus Reus Ireland AR Application of unlawful physical force to another Actus Reus the ID: 486896
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Slide1
Battery
Actus
Reus -
Ireland
– AR = Application of unlawful physical force to anotherSlide2
Battery –
Actus
Reus
Ireland
– AR = Application of unlawful physical force to anotherSlide3
Actus Reus – the
Force
Force can be
slight
E.g. hitting someone, throwing a drink at someone
V
does not need to suffer any pain or
injury
But, typical injuries are minor
b
ruising, grazing, small cuts
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
Has to be an act not an omission:
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
Some force may be lawful:
If victim consents to the force
Sports such as Rugby
Surgical procedures, visits to the dentist
Everyday physical contact
Implied consent in normal social situations – e.g. tapping someone on the shoulder
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 – D causes force to be applied even though he doesn’t touch the victim
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)Slide6
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 crimeSlide7
Battery Questions
Was there
force
? What was it?
Was the force
unlawful
?
Did D
intend
or was he
subjectively reckless
to apply force?