Battery Flashcards
What act is battery under?
s39 Criminal Justice Act 1988
What are the steps for battery?
Actus Reus
Unlawful force/contact
Direct or indirect
Clothes
Omissions
Causation
Continuing act
Mens rea
Direct/indirect intention, recklessness
What is the actus reus for battery?
Applying unlawful force (physical contact, no injury required)
Which case shows the application of unlawful force?
Pegram v DPP
What is direct battery?
A person touching a person or a controlled object touching a person (not throwing)
What is indirect battery?
An uncontrolled object touching a person
Which case shows direct battery?
Collins v Wilcock
Which case shows indirect battery?
DPP v K
Which case shows someone’s clothes are a part of a person (if they are wearing them)?
R v Thomas
Which case shows continuing acts are allowed for battery?
Fagan v MPC
Which case shows omissions count for battery?
DPP v Santa-Bermudez
What is the mens rea for battery?
Intention or recklessness to apply force
Which case shows the mens rea of battery?
R v Savage
What are examples of battery from the CPS?
Minor bruising, abrasions, swellings, reddening of skin
What is the maximum sentence for battery?
6 months
