Battery ^

Question 1

Collins V Wilcock

Answer 1

Even the slightest touch can amount to battery

Question 2

R V Thomas

Answer 2

Touching someone’s clothes is the same as touching them

Question 3

DPP V K

Answer 3

Battery can be indirect

Question 4

DPP V Santa Bermudez

Answer 4

Battery can be because of an omission

Question 5

In what Act?

Answer 5

section 39
Criminal Justice Act 1988
max 6 months in prison

Question 6

Actus Reus

Answer 6

the application of unlawful force

Question 7

Mens Rea

Answer 7

intention or subjective recklessness

Question 8

Need of Reform?

Answer 8

• the word force is misleading
• there is no statutory definition in one document so its difficult to understand fully
• max sentencing of battery is 6 months, while ABH is 5 years, when they have the same MR, the only thing that differs is that ABH has an injury