Battery Flashcards

NFO

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1
Q

Which act?

A

s.39 of Criminal Justice Act 1988

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2
Q

Definition of Battery under s.39

A

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

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3
Q

Elements of Battery

A
  1. Application
  2. Unlawful Force
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4
Q
  1. Application (Types of Battery)
A

1) Direct battery - application of force, even the slightest touch
> Colins V Wilcock

2) Continuing Act - battery committed through a continuing act
> Fagan

3) Indirect Act - D causes force to be applied, but without actually touching them
> DPP V K

4) Omissions - fairly rare to battery
> santa-bemudez

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5
Q

Colins V Wilcock
(direct battery)

A

policeman touching woman’s arm - not arresting her

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6
Q

Fagan
(continuing act)

A

Told to pull over by police, ran over foot, refused to move car off

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7
Q

DPP V K
(indirect act)

A

D hid sulfuric acid in hand dryer, next person to use it was sprayed with acid
- aquitted as didn’t intend to hurt anyone

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8
Q

Santa-bermudez
(omission)

A

D failed to inform police officer performing search of the needle in pocket when asked

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9
Q
  1. Unlawful force
A

-V didn’t consent
-D may be able to use Consent or self defence as defence

Article 3 of European Convention on Human Rights = cannot Torture (A V UK)

Children’s Act 2004 = battery committed on a child by parent is unlawful if it leaves marks

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10
Q

MR of battery

A

Intention to apply unlwful force
Or
Recklessness as to the application of unlawful force

D must realise there is a risk that the act/omission could cause unlawful force

(normal MR Cases apply)

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