Battery Flashcards
What is the act and section number for Battery?
Section 39 - Criminal Justice Act 1988
What is the definition of Battery?
The intentional or reckless application of immediate force upon another person
What case states that a victim doesn’t need to know he is going to be hit?
Fagan vs Metropolitan Police Commissioner
What is the POL from Fagan vs Metropolitan Police Commissioner?
The victim doesn’t need to know he is going to be hit
What case states that battery can arise from the slightest touch?
Collins vs Wilcock
What is the POL from Collins vs Wilcock?
Battery can arise from even the slightest touch
What case states that touching clothes can count as a battery?
R vs Thomas
What is the POL from R vs Thomas?
Force doesn’t need to be applied to the victims body, touching clothes may be enough
What case states that battery can arise even when D thought their actions were affectionate?
R vs Braham
What is the POL from R vs Braham?
A battery can arise even where the defendant thought their actions were affectionate
What case states that battery can be an indirect act?
R vs Haysted
What is the POL from R vs Haysted?
Battery can be an indirect act
What case states than battery can be an omission?
DPP vs Santa-Bermudez
What is the POL from DPP vs Santa-Bermudez
Battery can be an omission
What is the case for Mens Rea of Battery?
R vs Venna
What is the POL from R vs Venna?
Recklessness is a sufficient Mens Rea for Battery
