battery cases Flashcards
Collins and Wilcock
D, a suspected prostitute scratched a police officer’s arm. Officer committed battery by grabbing her arm. As he was not arresting her, he wasn’t acting in the execution of duty. D was entitled to free herself.
DPP v K
D placed acid in hand dryer. V used hand dryer and hands burnt by the acid. Application of force can be indirect.
DPP v Santana - Bermudez
Policewoman asked D if he had any sharp objects on him. D said no and upon searching, woman injured by a needle causing bleeding. Battery can he committed by an omission.
Fagan v MPC
D accidentally drove onto policeman’s foot. When told to get off, he refused. AR and MR just have to coincide, don’t have to happen at the same time. Driving onto the foot and remaining there was a continuing act.
Mohan
D drove his car towards a police officer. Ds aim or purpose to bring about assault is the key ingredient in men’s rea. Reckless by driving towards the police officer.
Cunningham
D tore gas meter off neighbours wall. Gas seeped into the house and V became unwell. D was subjectively reckless and did not intend or foresee harm. Administration of a noxious substance.
