Battery Flashcards

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1
Q

What is battery charged under?

A

S39 of the Criminal Justice Act 1988

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2
Q

Outline of battery?

A

-Summary offence.
-Tried in the magistrates court.
-6 months max

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2
Q

Outline of battery?

A

-Summary offence.
-Tried in the magistrates court.
-6 months max

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3
Q

R V Thomas?

A

-Touching of clothes can amount to battery

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4
Q

What is the AR of battery?

A

-Application of unlawful physical violence
-Touching/ trifling and transcendent.

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5
Q

What is the MR of battery?

A

The intention or recklessness to apply unlawful physical violence onto another.

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6
Q

What cases for the MR of battery?

A

R V Venna

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7
Q

What cases for the AR of battery?

A

Collins V Wilcock

R V Haystead

R V Thomas

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8
Q

R V Venna?

A

Acting deliberately.

Recklessly/ deliberately applying force.

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9
Q

R V Haystead?

A

ABH can transfer from one person to another

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10
Q

Collins V Wilcock?

A

-Touching someone adequate
-Act of resistance from police officer who was out of scope

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11
Q

Structure for battery?

A

-identify and explain battery.
-Actus Reus.
-Mens rea

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