Key Points
- Battery does not require direct application of force on the victim either through physical contact or a medium
- The medium can be a person other than the victim
Facts
- D punched a woman who was holding her baby, this caused the woman to drop the baby onto the floor
- D was convicted of an offence of battery on the baby
- D appealed on the basis that battery requires a direct application of force which involved direct physical contact with the victim or through a medium controlled by D such as a weapon
Held (Divisional Court)
- Appeal dismissed
Laws LJ
- As a general point, battery did not require the direct application of force
- In this case the application of force was through the mother as a medium, the mother dropped the baby as result of D’s punch
- No distinction could be drawn between using the mother or a weapon as the relevant medium save that the latter involved intention and the former recklessness
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