普通法-案例分析筆記(已修改)
2025-08-03 10:04 本頁(yè)面
【正文】 Cole v. TurneIssue. 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 passage, 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 “l(fā)east touching” is actionableBut: 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 374FACT:A police woman took hold of a woman39。s 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:the defendant refused to answer police woman’s question and walked away when police woman persisted to follow her and 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 defendant39。s action was therefore in self defence and D’s conviction was quashed(撤銷).Rule: unless there is an arrest, officer cannot use physical force to hold a suspect, and such force may constitute tort of batter
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