Battery Flashcards

1
Q

What may have the D committed?

A

Battery

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2
Q

What case is battery defined in?

A

Lord Goff in Collins v Wilcock

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3
Q

What is the definition of battery?

A

The actual infliction of unlawful force

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4
Q

What is the first part of the actus Reus?

A

Touching

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5
Q

What case is defined in touching?

A

Lord goff in Collins v Wilcock

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6
Q

What is the definition of touching?

A

Any touching, however slight may amount to a battery

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7
Q

What does the side rule clothing mean?

A

It means touching the Vs clothing whilst they are wearing them is almost like touching the Vs skin

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8
Q

What case is used for the side rule - clothing?

A

Thomas

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9
Q

What is the second side rule?

A

Indirect battery is still a battery

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10
Q

What two things does it talk about in the side rule - indirect battery?

A

It says booby traps or transferred malice style touching

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11
Q

What case is used for the side rule - indirect battery?

A

Martin

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12
Q

What must the touching be?

A

It must be unlawful meaning “hostile or aggressive”

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13
Q

What case is used for the unlawful touching?

A

Wilson v Pringles

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14
Q

What is the men’s rea for battery and include the cases?

A

The mens rea for battery is the intention(Mohan) or the recklessness(Cunningham) to inflict unlawful force on the V(venna)

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