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 is the POL from Fagan vs MPC?
The victim doesn’t need to know he is going to be hit
What is the POL from Collins vs Wilcock?
Battery can arise from even the slightest touch
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 is the POL from R vs Braham?
A battery can arise even where the defendant thought their actions were affectionate
What is the POL from R vs Haysted?
Battery can be an indirect act
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