9084 · 4.3.2
Battery — FAQ
Frequently asked questions for 9084 Battery. Direct answers first, then deeper explanation — then practise with marking.
If I accidentally bump into someone in a crowded place, can they sue me for battery?
No, this would not be a battery. Firstly, the act was accidental, not intentional, so the claim would be in negligence, not battery (Letang v Cooper). Secondly, the law recognises that in everyday life, some physical contact is unavoidable. This is covered by the concept of 'implied consent' or the 'exigencies of everyday life' as described in Collins v Wilcock. Such contact is not considered 'unlawful'.
What is the difference between the intention for criminal battery and tortious battery?
For the crime of battery, the prosecution can prove the mental element (mens rea) through either intention or recklessness (R v Venna). However, for the tort of battery, the claimant must prove that the defendant intended the contact. A merely reckless act is insufficient for the tort of battery; it must be pursued under the tort of negligence (Letang v Cooper).
Can I commit a battery without even touching the person's body directly?
Yes. The 'force' can be applied to things intimately connected to the person. For example, touching someone's clothing while they are wearing it (Pursell v Horn), knocking a hat off their head, or grabbing something from their hand can all be sufficient to constitute a battery, as it violates their personal space.