Battery

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6 Terms

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Act

s.39 of the Criminal Justice Act 1988

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Actus Reus
The application of unlawful physical force.
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Application
Can be direct or indirect (Haystead). It can also be committed by an omission (Santana-Bermudez).
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Unlawful
Where the defendant has a lawful excuse such as self-defence (Collins v Wilcock), the force will not be unlawful.
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Physical Force
Described in Cole v Turner as 'the least touching in anger'. In Collins v Wilcock, Lord Goff confirmed that 'any touching of another person, however slight' may amount to a battery. It can even be committed by touching the clothes that a person is wearing (Thomas).
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Mens Rea
Applying the force either intentionally or recklessly (Venna).