Battery Flashcards

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1
Q

What is the definition of battery

A

Intentionally or recklessly apply unlawful force

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2
Q

What law does battery fall under

A

S39 Criminal Justice Act 1988

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3
Q

What is the AR of battery

A

To apply unlawful force
Any touch however slight, v need not suffer any harm or pain (Cole v Turner)

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4
Q

What is the MR of battery

A

Intention of recklessness to apply unlawful force
Intention ( r v Mohan)
Recklessness (r v Cunningham)

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5
Q

What should you consider in the MR of battery if applicable

A

Transferred malice (Latimer)
Coincidence rule (Fagan)

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