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Criminal Law > Battery > Flashcards

Battery Flashcards

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1
Q

Type

A

Common law, sentenced in criminal justice act 1988 s.39, 6 months or 5k

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2
Q

Unlawful

A

Wilson - implied consent to everyday jostlings
s.3 Criminal law act - force used in self-defence
a.117 PACE - force used on arrest lawful

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3
Q

Application

A

Can be indirect (Martin, DPP v K)
Can be omission (DPP v Santana-bermudez)
Can be continous (Fagan)

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4
Q

Of Force

A

Unlawful contact, even by police officer (Collins v Wilcock)
Includes touching clothes (Thomas)
No need to be hostile, rude or aggressive (Faulkener v Talbot)

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5
Q

Mens rea

A

Intention or subjective recklessness to apply unlawful force (Venna)

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Criminal Law (17 decks)

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