Battery Notes

Battery

S39 of CJA 1988 states:

• Summary Offence
• 6 months imprisonment or fine
• Common-law

Actus Reus

-AR of battery is application of unlawful forceon another

-ANY physical battery=battery

-No pain/harm needed

Battery can be in/direct: Direct= one person to another,  Indirect= using implement or vehicle.

• Fagan V Metropol Police Commissioner(1969)- D drove onto foot of police officer and found guilty.
• Haystead V DPP (2000)- D punched woman twice whilst she was holidng baby. She dropped baby…