Battery Flashcards
1
Q
What is the definition of battery
A
Intentionally or recklessly apply unlawful force
2
Q
What law does battery fall under
A
S39 Criminal Justice Act 1988
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)
4
Q
What is the MR of battery
A
Intention of recklessness to apply unlawful force
Intention ( r v Mohan)
Recklessness (r v Cunningham)
5
Q
What should you consider in the MR of battery if applicable
A
Transferred malice (Latimer)
Coincidence rule (Fagan)