C/ battery scaffold

Question 1

intro

Answer 1

In relation to_d___ liability to__v__ they would be liable for battery under s.39 Criminal
Justice Act 1988.

Question 2

Actus reus

Answer 2

-The actus reus of battery is ‘the application of unlawful physical force.’ ———
-Unlawful means
there is no implied consent, and physical force can be merely touching (Thomas).
-The application of force can be indirect (DPP v K, Haystead). In this scenario____

Question 3

“but for test”

Answer 3

-must prove that d is the factual cause of assault.
-In this scenario”but for”(pagett) they would not have suffered battery.

Question 4

substantial and operating cause

Answer 4

-victim’s own
actions (Roberts),
-3rd apart actions (Pagett) or medical negligence (Cheshire). –The thin skull rule never breaks the chain, must take victim as you find them (Blaue).

Question 5

mens rea?

Answer 5

-mens rea of battery= defendant has the intention or recklessness applying unlawful force to the victim.
–This intent can be direct (Mohan) or indirect (Woollin). Recklessness is subjective (Cunningham)
-In this scenario… has direct intent/indirect intent/ recklessness as…

Question 6

Outro

Answer 6

-Therefore in this scenario, D has satisfied all the elements of the actus reus+ mens rea and will therefore be criminally liable for Assault under s.39 of the Criminal
Justice Act.