普通法案例分析笔记.pdf

Cole v. Turne Issue. Under what circumstances and with what mindsets may a touching constitute battery? Synopsis of Rule of Law. The lightest angry touch constitutes battery. A gentle touch made in close quarters with no ill intention is not a battery. A forceful or reckless touch, in close quarters is a battery. 即： ? “the least touching of another in anger is a battery ” ? “if two or more meet in a narrow pas sage, and without any violence or design of harm, the one touches the other gently, it will be no battery ” Key point- the degree of contact is irrelevant: the “least touching is actionable” But: current rule is that battery does not require anger: ? Is an unwanted kiss battery? Yes. Shooting a person with the best of intentions? Yes. No anger, no damages, no have to be conscious at the time of the contact Collins v Wilcock [1984] 3 All ER 374 FACT:A police woman took hold of a womans arm to stop her walking off when she was questioning her. The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty. Me:thedefendant refused to answer police woman ’s question and walked away when police woman persisted to follow herand took hold of her arm to restrain her. The defendant swore at and scratched the officer ’s arm, As a result, the D was arrested and charged with assaulting a police officer in the course of her duty. Issue:whether officer can physically hold suspect without arrest ?(P3) Holding:officer ’ action is unlawful and amounted to a battery since it went beyond the generally acceotable conduct of touching a person to engage his attention. The defendants action was therefore in self defence and D ’s conviction was quashed( 撤销 ). Rule: unless there is an arrest, officer cannot use physicalforce to hold a suspect, and such force may constitute