battery Flashcards
What is the actus reus for battery?
unlawful application of force
What is the mens rea of battery?
intentionally or recklessly applying unlawful force
What does unlawful mean?
without consent
what can force be?
can be very minor/slight
what is a case example of touching clothes whilst they are on someone?
Thomas
what case had the mens rea explained in?
Venna
what happened in the case of venna
recklessness
knew there was a chance of hurting someone whilst resisting arrest
what is the maximum sentence with battery?
6 months
can you have a battery by an omission?
yes
case example where an omission did not amount to a battery
Fagan (police foot)
case example where an omission did amount to a battery
Bermudez (needle)
can force be applied indirectly and if so what case can you use?
yes
the case of K (chemicals hand dryer)
