Battery Flashcards
Type of offence
A common law offence under s39 CJA 1988
AR
Can include slightest touch Collins v Wilcock Even touching clothing is sufficient Thomas
Can be committed through a continuing act Fagan v MPC
Can also be through an indirect act such as a booby trap Martin
Can be through an omission if D has duty to act DPP Santa-Bermudaz
Force must be unlawful unless D gives genuine consent
Force in self defence is lawful if reasonable
Battery is also when a parent causes a child injury children’s act 2004
MR
Intention or recklessness for unlawful force on another person
It is basic intent crime.If D is intoxicated when he commits AR he is considered as being reckless
Examples
Push,slap tripping someone up
What’s the definition
Unlawful force to another person intending to un,awful physical force or recklessness to unlawful force