Criminal Law - Battery Flashcards
(6 cards)
1
Q
What act and section covers Battery?
A
Criminal Justice Act (1988) s.39
2
Q
A
3
Q
What is the Actus Reus of Battery ?
A
The direct or indirect application of unlawful force
4
Q
What legal principle comes from Fagan v MPC
A
“A battery may be inflicted through the medium of some weapon or instrument controlled by the action of the defendant
5
Q
What legal principle comes from Cole v Turner (1704) ?
A
‘the least touching of another in anger constitutes a battery’
6
Q
What is the principle of transferred malice and what case did it come from ?
A
R v Latimer (1866) - if you have the intention to harm one person and instead harm someone else you have still committed the crime as there’s intent and action
