| Battery (crime) |
Article Index for Battery |
Website Links For Battery |
Information AboutBattery (crime) |
|
In many Common Law jurisdictions, the Crime of battery involves an Injury or other Contact upon the Person of another in a manner likely to cause Bodily Harm . Battery is often broken down into gradations for the purposes of determining the severity of punishment. For example:
In some jurisdictions, battery has recently been constructed to include directing bodily secretions at another person without their permission. In some jurisdictions this automatically is considered aggravated battery. As a first approximation to the distinction between battery and Assault :
Within United States law, in most jurisdictions, the charge of criminal battery requires evidence of a mental state ('' Mens Rea ''). This charge, is non-existent in some states though. ENGLAND AND WALES In the law of England and Wales battery is not graded, although there are separate offences of an assault occasioning actual bodily harm and infliction of grievous bodily harm. Battery consists merely in unlawfully touching another (thus no particular ''injury'' is necessary). The offence is at common law ( s.39 Criminal Justice Act 1988 only provides for court jurisdiction and sentencing)It is to be distinguished from an assault where the victim is caused to ''apprehend'' the immediate commission of a battery. English law also does not recognise any offence of sexual battery, rather having the offence of sexual assault which is the non-consensual touching of another in a sexual manner s. 3 Sexual Offences Act 2003 . There is no separare offence relating to incidents of domestic violence, except in the case of death where the offence of causing or allowing the death of a child or vulnerable adult may have been committed ([http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=domestic+violence&Year=2004&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=975296&ActiveTextDocId=975306&filesize=6062 s. 5 Domestic Violence, Crime and Victims Act 2004]). Under English law, a battery has only been committed if the correct ''mens rea'' can be proven. In the case of battery, the ''mens rea'', or fault element, of the offence is intention or recklessness (see ''R v. Venna {Link without Title} QB 421''). A person acts intentionally in respect of a result when it is his purpose to bring it about or if he foresees that the result is a ''virtually certain'' consequence of his action and nonetheless acts (see ''R v. Woollin {Link without Title} 4 All ER 103'', although this decision specifically applies to the law of murder, it is generally accepted that this definition of intention applies throughout the criminal law). A person acts recklessly in respect of a result when he is aware of a risk that the result will occur if he acts and does so act where no reasonable person would (see ''R v. Cunningham {Link without Title} 2 QB 396''). SEE ALSO |
|
|