Battery Flashcards
1
Q
Common-law or Statute?
A
Common-law
2
Q
Where does definition come from?
A
R v Ireland
3
Q
What is the definition?
A
Defendant intentionally or recklessly applies unlawful force upon the victim
4
Q
What type of offence?
A
Summary
5
Q
Triable in?
A
Magistrates’ Court
6
Q
Maximum sentence?
A
Six months’ imprisonment according to s 39 of Criminal Justice Act 1988
7
Q
Actus reus?
A
Application of unlawful physical force
8
Q
Application (actus reus)
A
Need not be direct - DPP v K
9
Q
Unlawful (actus reus)
A
Not self defence
10
Q
Physical force (actus reus)
A
Any touching, doesn’t need to be hostile etc - Faulkner v Talbot
11
Q
Mens rea of Battery
A
Intention to cause actus reus or recklessness - R v Paramenter
12
Q
DPP v K
A
Put acid in hand dryer, causing next user injury - Need not be direct
