8.2 Battery Flashcards
(5 cards)
1
Q
Where does the offence of battery come from?
A
CJA 1989
2
Q
What is the AR of battery
A
The application of unlawful force unto another.
3
Q
Define unlawful force: AR of battery
A
- All consent to everyday jostling (Wilson v Pringle)
- the slightest touching (Collins v Wilcock)
- Touching clothes (R v Thomas)
- An indirect act can be battery (DPP v K)
4
Q
Indirect acts and omissions for battery
A
Indirect acts/ Transferred malice applies (R v Mitchell)
Omissions: failure to disclose something which later causes harm is battery (DPP v Santa Bermudez)
5
Q
Mens Rea of Battery
A
Intent to apply unlawful force or recklesness ** (R v Cunningham)**
