2

Question 1

Which section of which act?

Answer 1

s39 CJA 1988

Question 2

Definition:

Answer 2

He application of unlawful force to another person intending to either apply unlawful physical force to another or recklessness as to whether unlawful force is applied.

Question 3

Step 1:

Answer 3

Application of force

Question 4

Touching a person to get their attention is acceptable provided that a reasonable amount of force is used, physical restraint not accepted.

Answer 4

Collins V wilcock

Question 5

Police tried to restrain someone and where charged with battery

Answer 5

Wood V DPP

Question 6

Touching clothing is sufficient

Answer 6

Thomas

Question 7

Can be a continuing act

Answer 7

Fagan

Question 8

Can be indirect eg a booby trap

Answer 8

DPP v K and Martin

Question 9

An omission can amount to liability but only where D is under a duty to act

Answer 9

DPP V Santa Bermudez

Question 10

Step 2:

Answer 10

Unlawful force - D must not have given consent or the act be in self-defence

Question 11

Step 3:

Answer 11

Mens rea - an intention to apply unlawful force to another or recklessness as to whether unlawful force is applied.

Question 12

What offence?

Answer 12

Common Battery