Crime XXXXXXXXIX – Battery I
Battery
is a summary offence i.e. an offence that is tried at a magistrate’s courts. It
is an offence that in most instances follows an assault. The defendant first
verbally abuses or intimidates the victim and soon after carries out his or her
threat by using some form of physical violence.
Section
39 of the Criminal Justice Act 1988 gives us an idea of the offence. The
section reads as follows: -
“Common
assault and battery shall be summary offences and a person guilty of either of
them shall be liable to a fine not exceeding level 5 on the standard scale, to
imprisonment for a term not exceeding six months, or to both”.
The
mens rea (mental element) for battery is as follows: -
1. An
intention to apply unlawful physical force or
2. Reckless
as to whether such force is applied or not.
In
R v Parmenter (1991) the defendant was convicted on four counts of causing
grievous bodily harm to his infant son. The types of injuries included bruises,
broken bones and aberrations. The judge directed the jury to convict under s.20
of the Offences Against Person Act (1861) if they believed that the defendant
ought to be aware (objective) or should be aware that his actions would cause
his infant son some form of injury. The jury convicted, and the defendant
appealed on the grounds that in order to convict under s.20 the defendant must
have foresight of the consequences (subjective) or must be aware that his
actions would harm his son (subjective).
The
defendant’s argument was that he did not know that the manner in which he handled
his son would cause him physical injury or was unable to appreciate that his
manner of handling his son would cause him physical injury.
The
court held that the test to convict under s. 20 of the Offences Against the
Person Act (1861) was subjective i.e. the defendant must be able to foresee the
consequences of his actions and substituted the conviction for a conviction
under s. 47 of the Offences Against Person Act 1861 (a lesser offence) where it
sufficed that the defendant foresaw or could anticipate some form of harm.
Copyright
© 2019 by Dyarne Ward
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