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Law Scaffolds > Battery > Flashcards

Battery Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Battery Act

A

s.39 of the Criminal Justice act 1988

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2
Q

Actus reus

A

The application of unlawful physical force

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3
Q

Unlawful

A

there is no implied consent

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4
Q

Physical force

A

can be merely touching

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5
Q

Application

A

The application of force can be indirect (DPP v K)

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6
Q

Factual causation

A

‘but for’ the D’s actions the V would not have suffered a battery

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7
Q

Legal causation

A

The D must be the operating and substantial cause meaning that there are no intervening acts which break the chain of causation

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8
Q

mens rea

A

the d has intention or recklessness as to committing a battery

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Law Scaffolds (31 decks)

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