Battery

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These flashcards cover essential concepts and cases related to the legal principles of battery as discussed in the lecture.

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10 Terms

1
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What is a key concept from the case Fagan v. Metropolitan Police Commissioner (1968)?

A battery can occur through a continuing act.

2
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What is defined as the Actus Reus of Battery?

The application of unlawful force, even the slightest touch, to another person.

3
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What type of act does DPP v K (1990) illustrate?

Indirect act where harm is caused without direct contact.

4
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In the case of Santa-Bermudez (2003), what was the defendant's omission?

He failed to inform a police officer about a needle in his pocket.

5
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What does Mens Rea refer to in the context of battery?

An intention to apply unlawful force to another or subjective recklessness.

6
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According to Collins v. Wilcock (1984), under what circumstances can battery occur?

Battery can occur when a police officer uses unlawful force to detain someone.

7
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How can force be applied indirectly in battery cases?

Through the use of an object or situation that causes harm.

8
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What does the term 'continuing act' refer to in battery cases?

A situation where the actus reus and mens rea overlap over time, such as in Fagan v. Metropolitan Police Commissioner.

9
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What did the court decide in the case of Pegram v. DPP (2019)?

The police officer used just enough force to lawfully get the man's attention without committing battery.

10
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What is the significance of the case R v Ireland (1997) regarding battery?

Established that unlawful application of force can occur even without direct physical contact.