Battery Flashcards
1
Q
Battery Act
A
s.39 of the Criminal Justice act 1988
2
Q
Actus reus
A
The application of unlawful physical force
3
Q
Unlawful
A
there is no implied consent
4
Q
Physical force
A
can be merely touching
5
Q
Application
A
The application of force can be indirect (DPP v K)
6
Q
Factual causation
A
‘but for’ the D’s actions the V would not have suffered a battery
7
Q
Legal causation
A
The D must be the operating and substantial cause meaning that there are no intervening acts which break the chain of causation
8
Q
mens rea
A
the d has intention or recklessness as to committing a battery
