Battery Flashcards

1
Q

What is the act and section number for Battery?

A

Section 39 - Criminal Justice Act 1988

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2
Q

What is the definition of Battery?

A

The intentional or reckless application of immediate force upon another person

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3
Q

What is the POL from Fagan vs MPC?

A

The victim doesn’t need to know he is going to be hit

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4
Q

What is the POL from Collins vs Wilcock?

A

Battery can arise from even the slightest touch

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5
Q

What is the POL from R vs Thomas?

A

Force doesn’t need to be applied to the victims body, touching clothes may be enough

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6
Q

What is the POL from R vs Braham?

A

A battery can arise even where the defendant thought their actions were affectionate

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7
Q

What is the POL from R vs Haysted?

A

Battery can be an indirect act

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8
Q

What is the POL from DPP vs Santa-Bermudez

A

Battery can be an omission

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9
Q

What is the case for Mens Rea of Battery?

A

R vs Venna

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10
Q

What is the POL from R vs Venna?

A

Recklessness is a sufficient Mens Rea for Battery

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