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Battery Battery

Battery - PowerPoint Presentation

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Battery - PPT Presentation

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

unlawful force actus battery force unlawful battery actus reus transferred physical malice contact baby intent slight ireland recklessness act

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Presentation Transcript

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?