Battery

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Definition of battery

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6 Terms

1

Definition of battery

A battery is an unlawful application of force either intentionally or recklessly (Collin V Wilcock)

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2

What are the cps guidelines of what battery is?

Grazing, scratching, abrasions, minor bruising, black eye, swelling

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3

What are the strengths of battery as a non-fatal offence?

  • Protects people’s personal bodily integrity

  • Lord Goff’s criteria reflects social realities of modern life.

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4

What are the weaknesses of battery as a non-fatal offence?

  • Not fairly labelled -sounds worse than it actually is

  • Too wide of an offence

  • The CPS arguably have too much power to set guidelines.

  • It’s bizarre that assault and battery have the same maximum penalties despite the fact their very different.

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5

What is the difference between direct battery and indirect battery?

Direct battery - D directly touches V (merely touching is enough ) (R V Thomas)-touching hem of a dress

Indirect battery- causing the physical application of force without direct touching (R V Haystead) (DPP V k)

This can be done by omission (DPP V Santa -Bermydez)

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6
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