Battery (crime)

As a battery is called an offense within the criminal law of England and Wales.

Common law or statutory offense

The decision in DPP v Taylor ( 1992) first pointed out that battery is punishable after the adoption of the Criminal Justice Act 1988 according to statute law. This has been criticized in the scientific literature. An obiter dictum of the Divisional Court in DPP v Haystead pointed out that only by common law, the battery is still punishable.

Actus reus

The actus reus of battery includes any use of force ( "force " ), it was hit, spit or mere touch. The contact must be illegal, meaning they can be legally through a defense. In the case of everyday touches this is regularly the consent ( consent) of the victim. Dispute is next to it, whether they are " hostile " ( ~ " hostile intent ") must also be done. For the civil battery especially by Lord Goff strong arguments against such a requirement were raised in Wilson v Pringle (1987).

Mens rea

The mens rea of ​​battery requires intent (~ intent ) to use unlawful violence or subjective recklessness (~ gross negligence / Eventualvorsatz ).