battery Flashcards

s.39 criminal justice act

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1
Q

battery

A

the application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied

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2
Q

application of unlawful force

A
  • even the slightest touch can be battery
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3
Q

R v Thomas

A

touching of a girls skirt

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4
Q

Collins v Willcocks

A

police officer held a woman’s arm to prevent her from walking away.
Any touching may be battery - touching a person to get their attention was acceptable, but physical restraint was not

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5
Q

this must be unlawful

A

Pegram v DPP - D was protesting and police were trying to keep them away from the public. D punched policeman in the face and claimed it was accidental. Any person who assaults a constable on duty is guilty of an offence

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6
Q

continuing act

A

battery can be committed through a continuing act

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7
Q

Fagan v Met police commission

A

D, unkowingly, stopped his car on a policeman foot and refused to move when requested.
actus reus of assault can be an ongoing act so that the complete offence is committed when D forms the mens rea

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8
Q

indirect act

A

where the D causes force to be applied - without actually touching them

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9
Q

DPP v K

A

D put acid in a hand dryer to hide it - next person to use it was sprayed with acid
indirect act can be AR for battery

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10
Q

omissions

A

omitting to an act is rarely battery but can be seen to be in… Santa Bermudez

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11
Q

santa-bermudez

A

D failed to tell a police woman that he had a needle in his pocket. She was injured when she searched him
so an omission is sufficient for AR of battery

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12
Q

mens rea

A

intention to apply unlawful physical force to another OR recklessness as to whether unlawful force is applied.
D must realise there is a risk that his act (or omission) could cause unlawful force to be applied to another

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