Battery

Battery

Physical element

Unlike assault, battery happens when a person actually applies unlawful force to someone else. This can include any kind of physical contact, even the smallest touch. Examples include beating, touching and laying hold of a person. It is not required for the victim to feel the force through their clothing; touching a person's clothes is considered the same as touching the person themselves.

It does not matter if the victim has actually suffered any physical injury—just the fact that physical contact happened is enough to count as battery. 

Battery requires a positive act, meaning the defendant must actively do something to apply unlawful physical force to another person without their consent. A mere omission—failing to act or doing nothing—does not suffice for battery. Even the smallest interference with someone's body can count. It does not matter whether the person directly touches the victim or uses an object to cause the interference. For instance, using a loudspeaker to blast amplified sound directly into someone’s ear without their consent, or flashing an intense light into their eyes in a disruptive way could be considered battery.

There are certain situations where physical contact is legally allowed and does not count as battery. These include disciplining children (within legal limits), police officers carrying out lawful arrests, or using reasonable force in self-defence when necessary. Additionally, some everyday situations involve unavoidable physical contact that is generally accepted, such as bumping into people in a crowded place or lightly touching someone to get their attention. However, in cases where physical contact is persistent or excessive, courts will assess whether it goes beyond normal social behaviour. For example, if someone repeatedly touches another person in an unwelcome way, it might be considered battery. But if a police officer steadies a drunk person while walking downstairs, it would likely not be battery, since it falls within acceptable conduct.

Mental element

The mental element of battery is either intention or recklessness as to applying unlawful force to another. The defendant must either: (a) intend to apply unlawful force (even minimal contact), or (b) be reckless as to whether their acts would result in unlawful force being applied.

Recklessness means the person knew there was a risk of applying unlawful force to another person through an action, even if the force is very slight, and still choosing to take that risk unjustifiably.

The intent must exist at the exact moment of the act. If the intent develops after the act has already happened, it cannot turn the act into battery.