Battery (Criminal Law of England and Wales)
In England and Wales, a battery is a criminal offense.
Common law or statutory offence
The decision in DPP v Taylor (1992) first stated that battery was punishable under statute law following the enactment of the Criminal Justice Act 1988 . This has been criticized in the scientific literature. An obiter dictum of the Divisional Court in Haystead v DPP stated that the battery is still only punishable under common law .
Actus reus
The actus reus of battery includes any use of force ("force"), be it hitting, spitting or mere touch. The contact must be illegal, that is, it can become lawful through a defense . In the case of everyday touches this is regularly consent (consent) of the victim. It is also disputed whether it also has to be “hostile” (~ “with hostile intent”). For the battery under civil law , weighty arguments against such a requirement were put forward , particularly by Lord Goff in Wilson v Pringle (1987).
Mens rea
The mens rea of battery requires intent (~ intent) to use unlawful violence or subjective recklessness (~ gross negligence / contingent intent ).
literature
- Nicola Padfield: Criminal law . 7th edition. Oxford University Press, Oxford 2010, ISBN 978-0-19-958204-4 , 9. Crimes of non-fatal violence.