Battery (Summary)
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 resorting to 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”.
Mens Rea
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 ju…
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”.
Mens Rea
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 ju…