TTTP- battery definition - 2 quick questions Watch
First of all the definition my uni goes by is "direct, intentional unlawful touching of the C by the D without consent or other lawful justification"
For some reason, regarding the directness area my uni included 'Fagan v MPC' on the lecture slide- I know this case but have no idea how this relates to directness
Also, can recklessness constitute a battery?
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Fagan v MPC is about the coincidence of the mens rea and actus reus. The 'battery' (actus reus was consistent throughout) however the mens rea was only formed when Fagan omitted to remove the vehicle from the officer's foot when asked. That's what constituted the unlawful battery.
I think it can ( R v Parmenter) and also R v Heard where the defendant rubbed his penis on a police officer whilst heavily intoxicated (don't think this was classified as battery though)
Your university's definition of battery is clearly incorrect, though, since it says only 'intentional' touching, and battery can be committed recklessly (see Venna and no doubt many other cases).