Battery: Liability

[Flash Card 1 of 1]

• D intentionally or recklessly applies unlawful physical force to another person

Actus reus:

• Low threshold physical force required (Collins v Wilcock)
• Touching clothes / equivalent to touching person (Thomas)
• Consent can make touching lawful (Collins v Wilcock)
• Force can only be applied via continuing acts used (Fagan v MPC)
• D punched girlfriend / she dropped baby / guilty of battery on baby (Haystead)
• D blocked theatre exits & shouted fire / Vs injured in chaos / D guilty (Martin)
• Omissions can give rise to liability / police injured during search / D omitted to mention needles / guilty of battery (Santana Bermudez)

Mens rea:

• ..proof that the defendant intentionally or recklessly applied force to the person of another...(Venna)
• Mens rea may be transferred to unintended Vs / belt in pub accidently hit V (Latimer)

bits of law