1
00:00:00,840 --> 00:00:04,200
Hi, welcome to the Australian 
Law Student Law Info Podcast, 

2
00:00:04,200 --> 00:00:07,400
your go to source for legal 
insights in 4 minutes or less. 

3
00:00:07,680 --> 00:00:10,320
I'm Nick Hodgkinson and today 
for our first episode we're 

4
00:00:10,320 --> 00:00:12,760
talking about the intentional 
tort of battery. 

5
00:00:13,320 --> 00:00:15,160
But first, our obligatory 
disclaimer. 

6
00:00:15,440 --> 00:00:17,600
The law info is produced by law 
students. 

7
00:00:17,600 --> 00:00:21,160
For law students it is not, nor 
is it intended to constitute 

8
00:00:21,360 --> 00:00:24,040
legal advice. 
If you require legal assistance,

9
00:00:24,040 --> 00:00:26,800
you should contact your local 
Law Society who can direct you 

10
00:00:26,800 --> 00:00:29,160
appropriately. 
For more information on the 

11
00:00:29,160 --> 00:00:31,680
Australian law student, visit 
our website at the 

12
00:00:31,680 --> 00:00:37,080
oslawstudent.com OK Battery. 
It's one of three main trespass 

13
00:00:37,080 --> 00:00:40,520
to the person, actions alongside
assault and false imprisonment. 

14
00:00:41,360 --> 00:00:44,320
Battery revolves around the 
unlawful touching of one person 

15
00:00:44,320 --> 00:00:48,480
by another without consent. 
Unlike negligence, where damage 

16
00:00:48,480 --> 00:00:51,840
is crucial, trespass to the 
person, including battery, is 

17
00:00:51,840 --> 00:00:54,480
actionable per SE. 
This means that the plaintiff 

18
00:00:54,480 --> 00:00:57,280
doesn't need to suffer any 
damage before pursuing illegal 

19
00:00:57,280 --> 00:01:00,120
action. 
So what exactly constitutes a 

20
00:01:00,120 --> 00:01:02,680
battery? 
Well, battery involves a direct 

21
00:01:02,680 --> 00:01:05,680
and intentional interference 
with another person, typically 

22
00:01:05,680 --> 00:01:08,760
through physical contact. 
This can range from cutting 

23
00:01:08,760 --> 00:01:11,680
someone's hair without their 
consent to more explicit acts 

24
00:01:11,680 --> 00:01:15,320
like spitting in someone's face.
The key elements to considering 

25
00:01:15,320 --> 00:01:18,600
a battery are directness and 
positiveness and intention. 

26
00:01:19,360 --> 00:01:22,680
The touching must both be direct
and positive and intentional for

27
00:01:22,680 --> 00:01:26,720
it to qualify as battery. 
Interestingly, courts can take a

28
00:01:26,720 --> 00:01:30,040
broadview of what constitutes a 
positive act, especially if 

29
00:01:30,040 --> 00:01:34,400
there's a duty involved. 
In the case of Fagan and 

30
00:01:34,400 --> 00:01:36,920
Metropolitan Police 
Commissioner, the accused's 

31
00:01:36,920 --> 00:01:39,680
failure to reverse off of a 
police officer's foot was deemed

32
00:01:39,680 --> 00:01:43,120
a positive act, reinforcing the 
intentional nature of battery. 

33
00:01:43,880 --> 00:01:46,640
It's essential to note that 
hostility is not always a 

34
00:01:46,640 --> 00:01:48,360
necessary ingredient for 
battery. 

35
00:01:48,840 --> 00:01:52,200
Even seemingly harmless actions 
like an over friendly slap on 

36
00:01:52,200 --> 00:01:55,680
the back or a medical procedure 
with mistaken consent can be 

37
00:01:55,680 --> 00:01:57,800
considered battery if they 
transcend the bounds of 

38
00:01:57,800 --> 00:02:00,880
lawfulness. 
In Australia, the concept of 

39
00:02:00,880 --> 00:02:02,960
consent will serve as a defense 
to battery. 

40
00:02:03,440 --> 00:02:06,200
If the plaintiff consents to 
touching, it will generally 

41
00:02:06,200 --> 00:02:09,440
prevent a battery claim. 
As stated in the Department of 

42
00:02:09,440 --> 00:02:13,680
Health and Community Services 
and JWB and SMB, also known as 

43
00:02:13,680 --> 00:02:16,680
Marion's Case, consent will 
transform what would otherwise 

44
00:02:16,680 --> 00:02:19,600
be unlawful into accepted and 
acceptable contact. 

45
00:02:20,520 --> 00:02:23,440
And let's not forget, there's an
implied consent to touching in 

46
00:02:23,440 --> 00:02:25,280
the hustle and bustle of 
everyday life. 

47
00:02:25,720 --> 00:02:28,640
So next time you find yourself 
in a crowded place, remember 

48
00:02:28,840 --> 00:02:30,720
implied consent might just be at
play. 

49
00:02:31,800 --> 00:02:33,840
And there you have it. 
That's the first episode of the 

50
00:02:33,840 --> 00:02:36,520
Australian Law Students Law in 
Full podcast, where we've 

51
00:02:36,520 --> 00:02:39,800
covered the elements of battery 
in 4 minutes or less. 

52
00:02:40,320 --> 00:02:43,120
Join us next time on the 
Australian Law Student Law in 

53
00:02:43,120 --> 00:02:45,800
full podcast. 
As always, if you have any 

54
00:02:45,800 --> 00:02:51,160
suggestions, please e-mail us at
team at the Oslo student.com or 

55
00:02:51,160 --> 00:02:54,600
leave a comment in your review 
on Spotify or Apple Podcasts.