ABSTRACT
The definition of the actus reus of battery is the application of unlawful force by the D to the V. The D who hits the V with his fist, or a stick, commits battery. No harm to the V is required, however. A mere touching is sufficient to constitute battery. Nor does the V need to be aware of what is about to happen. The D who approaches the V from behind and pats her bottom clearly commits the offence.45 If he merely touches her shoulder in order to gain her attention, however, there is probably no battery.46 As was explained by the Divisional Court in Collins v Wilcock:47
This exception is probably based on the implied consent of the V, as is the acceptance that the inevitable jostling that occurs in a crowded street, shop, or train, is not an offence. The issue of consent is problematic, however, since it is unclear whether the absence of consent should be regarded as part of the actus reus, or whether its presence should constitute an defence to an otherwise valid charge. The current view of the House of Lords, as expressed by the speeches of the majority in Brown,49 is that consent is to be treated as a defence. Detailed discussion of this issue will, therefore, be left until Chapter 7.50 The point to note here is simply that, although the slightest touch may constitute battery, this does not mean that every contact which forms one of the normal incidents of everyday life will amount to an offence.
