Crime XXXXXXXXXI – Battery III
In
order to convict for battery, the prosecution must establish three elements.
They are as follows: -
1. Force
was applied
2. The
force was unlawful
3. It
was physical (psychiatric illnesses are classed as assaults see R v Ireland (1997))
1.
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
© 2019 by Dyarne Ward
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