Battery Flashcards
1
Q
Charged under
A
s39 Criminal Justice Act 1988
2
Q
Definition
A
“Intention or recklessness to apply unlawful force”
3
Q
Maximum sentence
A
6 months in prison
£5000 fine
4
Q
AR (1/3) Force
(2 cases)
A
Only force is required.
(Cole v Turner) “deliberate touching beyond the bounds of everyday conduct”
(R v Thomas) - touching clothing
5
Q
AR (2/3) Application
(case)
A
Can occur immediately or as a continuing act
(Fagan v MPC) - driving on the foot and staying there is a continuing act
6
Q
AR (3/3) Intention
(case)
A
The outcome can either be one the defendant desired or not. Then you must prove virtual certainty.
(DPP v K) - chemicals in the hand dryer
