Law Non-Fatal Offences Battery

What act sets out the sentencing

What act sets out the sentencing

S39 Criminal Justice Act 1988

What is the maximum sentence

6 months in prison and/or £5000 fine

1. Actus Reus

Infliction of immediate unlawful personal Violence

R v Thomas - doesn’t have to be direct touch ( can be touching clothing )

Collins v Wilcock - doesn’t have to be serious attack

Fagan v MPC - can be achieved by a continuing act

DPP v Haystead - can be through indirect act

DPP v Santa-Bermudez - can be an omission

2. Causation

Factual - R v White

Legal - R v Kimsey

Thin skull rule - R v Blaue

Intervening Acts (novus actus interveniens)

3. Mens Rea

R v Parmenter - intention or recklessly inflicting unlawful personal violence on another