Battery
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14 Terms
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What is Battery?
The application of unlawful physical violence, direct or indirect, with intention or recklessness as to the application of unlawful physical force
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Actus Reus
The application of unlawful physical force, direct or indirect
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Application of Physical Force
Any physical contact can be a battery, no need to prove harm or pain
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Colins v Wilcock
A mere touch can be sufficient
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R v Haystead
Force can be applied directly or indirectly
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Unlawful Force
Violence is unlawful unless there is lawful reason for inflicting it (consent, self-defence, police officer arresting suspect)
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Mens Rea
Intention or recklessness as to the application of unlawful physical force
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Intention
A decision made by D to bring about a prohibited consequence; it is a deliberate act
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Intention (Case)
R v Mohan
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Recklessness
A conscious risk
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Recklessness (Test)
Cunningham Test
1. D realised there was a risk
2. D decided to take the risk anyway
1. D realised there was a risk
2. D decided to take the risk anyway
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What Act is Battery Under?
S39 Criminal Justice Act 1988
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What is the Maximum Sentence for Battery?
6 Months Imprisonment
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What Type of Offence is Battery?
Summary Offence
Note 
Flashcards (80)