Battery Flashcards
What is battery charged under?
S39 of the Criminal Justice Act 1988
Outline of battery?
-Summary offence.
-Tried in the magistrates court.
-6 months max
Outline of battery?
-Summary offence.
-Tried in the magistrates court.
-6 months max
R V Thomas?
-Touching of clothes can amount to battery
What is the AR of battery?
-Application of unlawful physical violence
-Touching/ trifling and transcendent.
What is the MR of battery?
The intention or recklessness to apply unlawful physical violence onto another.
What cases for the MR of battery?
R V Venna
What cases for the AR of battery?
Collins V Wilcock
R V Haystead
R V Thomas
R V Venna?
Acting deliberately.
Recklessly/ deliberately applying force.
R V Haystead?
ABH can transfer from one person to another
Collins V Wilcock?
-Touching someone adequate
-Act of resistance from police officer who was out of scope
Structure for battery?
-identify and explain battery.
-Actus Reus.
-Mens rea
