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CRIMINAL LAW > BATTERY > Flashcards

BATTERY Flashcards

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1
Q

ACT

A

s.39 Criminal Justice Act 1988

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2
Q

definition

A

intentionally or recklessly apply unlawful force

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3
Q

ACTUS REUS

A
  • application of unlawful force
  • any touch, however slight
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4
Q

ACTUS REUS
cases

A
  • COLE V TURNER - slightest touch is enough
  • COLLINS V WILCOCK - v musnt consent
  • R V HAYSTEAD - application can be indirect
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5
Q

MENS REA

A

-d has intention or recklessness to apply unlawful force
-R v Savage

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6
Q

MENS REA
intention

A

r v mohan

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7
Q

MENS REA
recklessness

A

r v cunningham

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8
Q

MENS REA
other rules

A
  • transferred malice (LATIMER)
  • coincidence rule (FAGEN)
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CRIMINAL LAW (14 decks)

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