Battery Flashcards
(6 cards)
what is battery and what act is this defined under
common law offence charged under the s39 criminal justice act 1988. it is the application of unlawful force
what is force and what case is this defined in
no need to prove that any harm has occurred even the slightest touching of the v can amount to battery
collins v willcock
what is touching clothing and what case is this defined in
as long as it is more than everyday contact. it can even include touching clothing
r v thomas
what is omissions and what case is this defined in
a battery will arise from action but it can be an omission where d is under a duty to act
ddp v santana-bermudez
what is indirect acts and what case is this defined in
force can be applied directly where the d has personal contact with the v e.g. by punching him or using a weapon or indirectly where he does not
r v haystead
what is the mens rea and what case is this defined in
must be the d’s aim, desire and purpose (direct intention) (r v Mohan)
or must realise the risk of this and yet still go ahead with that risk (r v Cunningham)
