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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
Actus Reus
The application of unlawful physical force, direct or indirect
Application of Physical Force
Any physical contact can be a battery, no need to prove harm or pain
Colins v Wilcock
A mere touch can be sufficient
R v Haystead
Force can be applied directly or indirectly
Unlawful Force
Violence is unlawful unless there is lawful reason for inflicting it (consent, self-defence, police officer arresting suspect)
Mens Rea
Intention or recklessness as to the application of unlawful physical force
Intention
A decision made by D to bring about a prohibited consequence; it is a deliberate act
Intention (Case)
R v Mohan
Recklessness
A conscious risk
Recklessness (Test)
Cunningham Test
D realised there was a risk
D decided to take the risk anyway
What Act is Battery Under?
S39 Criminal Justice Act 1988
What is the Maximum Sentence for Battery?
6 Months Imprisonment
What Type of Offence is Battery?
Summary Offence
Note 
Flashcard (100)