Battery

Question 1

Intro

Answer 1

Assault and battery are both common law offence but are charged under s.39 Criminal Justice Act 1988. The maximum sentence is 6 month imprisonment.

Question 2

Battery Actus Reus

Answer 2

Application of unlawful force to another person

Question 3

Battery Mens Rea

Answer 3

Intention or recklessness as to the battery

Question 4

Thomas

Answer 4

Battery occurs when D brings about the application of unlawful force. There is no need to prove any harm as a touch is sufficient.

Question 5

DPP V K

Answer 5

The application of force can be commited in directly.

Question 6

AO3 wording of battery

Answer 6

P- the wording of battery should be changed as force could be misleading as only touching could amount to battery.
Dp- this could lead to confusion and forces a judge to interpret the law to make it clearer.
Wdp - this does not comply with the rule of law and can lead to judicial creativity then judges are applying and stretching the law.

Question 7

Venna

Answer 7

Common law assault (battery/assault) D does not need to intend the crime they can be subjectively reckless.

Question 8

Correspondence liability

Answer 8

When the Mens Rea and Actus Reus are in line with one another.

Question 9

Constructive liability

Answer 9

When D intends a lesser offence and the court holds them liable for a more serious offence.