Battery - cases
Below is a
list of cases you should use when answering a scenario question on assault.
Definition: D intends or is
subjectively reckless in inflicting unlawful personal force on V
Case Name
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Facts
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Law that must be used in exam answer
|
|
Cole v Turner
|
Not important
|
If you don’t have permission to touch
the V and touch them in even the slightest way, that’s battery. On the other hand, if you just graze
someone by virtue of being
forced in close quarters, and you didn’t mean to hurt them, that’s not
battery
|
|
R v Thomas
|
D, a school caretaker assaulted a 12-year-old after taking hold of
the hem of her skirt.
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Unlawful force is the merest touch of
another and touching a person’s clothes is the same as touching their skin.
|
|
R v Haystead
|
The D committed a battery against a woman when he punched her. He was also charged with a battery against
her child when it fell out of her arms onto the floor, even though there was
no direct contact between Haystead and the child.
|
Force can be applied indirectly to the
V.
|
|
Case Name
|
Facts
|
Law that must be used in exam answer
|
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R v Venna
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D struggled with the police officers who were arresting him. D fell
to the ground and lashed out wildly with his legs, fracturing a bone in the
hand of an officer.
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The mens rea of battery is either intention or subjective
recklessness as to inflicting unlawful force on the V.
|
|
R v Cunningham
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The D must foresee the risk of inflicting unlawful force on the V but
take the risk anyway.
|
