In order to convict for battery, the prosecution must establish three elements. They are as follows: –
- Force was applied
- The force was unlawful
- It was physical (psychiatric illnesses are classed as assaults see R v Ireland (1997))
Application of physical force
In Fagan v MPC (1969) the defendant was in his car when he was approached by a police officer who told him to move his vehicle. The defendant did so and reversed his car onto the foot of the police officer. The police officer somewhat forcefully told the defendant to move the car off his foot and the defendant swore at the police officer, switched off the engine and refused to do so. The defendant was tried and convicted for assault and appealed the decision. The appeal was dismissed.
In this instance, the defendant committed the unlawful act by moving his car on to the police officer’s foot, he applied force by not removing the car when directed to do so by the police officer and the type of force that was used was physical.
The force that is used however need not be directly applied. In DPP v K (a minor) (1990) a schoolboy stole some hydrochloric acid from the science room and placed it in the hand dryer in the boys’ toilet. The nozzle was pointing upwards and when the next boy came to use the hand dryer the acid squirted on to his face and caused permanent scaring.
The boy was found guilty and it was held that the force that was used need not be directly applied.
Copyright © 2018 by Dyarne Ward