Battery A01 Flashcards
(8 cards)
Define Battery
Battery is the application of immediate unlawful force with the intention to apply immediate unlawful force or being reckless in doing so
What is the definition of force?
Anything from the slightest touch
What is the rule with touching clothes?
Touching a persons clothing while they are wearing it is equivalent to touching the person
What is a continuous act in battery?
The actus reus of battery can be a continuing a continuing act within means D can be guilty if while applying force they realise and for the men’s rea
What is an indirect act?
Proof is required that D inflicted force which can be through a direct or indirect act
Indirect acts are where D has not touched D has not touched V but caused the force. E.g. setting up a booby trap
What is am omission?
A failure to act a battery can be committed if the D o C s a DOC through an omission and fails to act e.g. creating a dangerous situation
What is unlawful defined as?
Force may be lawfully applied in some situation
What is the mens rea of battery?
The defendant may have the intention to apply unlawful force
The defendant may also be reckless as to whether they are applying unlawful force
