Battery Flashcards
1
Q
Type
A
Common law, sentenced in criminal justice act 1988 s.39, 6 months or 5k
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
3
Q
Application
A
Can be indirect (Martin, DPP v K)
Can be omission (DPP v Santana-bermudez)
Can be continous (Fagan)
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)
5
Q
Mens rea
A
Intention or subjective recklessness to apply unlawful force (Venna)
