Battery Flashcards
1
Q
What is battery ?
A
Battery is the application f immediate unlawful force with the intent to apply immediate unlawful force or being reckless in doing so
2
Q
What is unlawful?
A
The touching willl be unlawful if there is contact without consent
3
Q
What constitutes to force?
A
Any touching of another person which does not have to be significant ( Collins V Wilcock)
4
Q
what is involved within touching?
A
- Touching of clothing ( RV Thomas)
- Indirect acts ( DPP V K)
- Continuing acts ( Fagan v MPC)
5
Q
What is the mens rea of battery ?
A
Direct intention- aim, desire and purpose to cause the act ( R V Mohan)
Recklessness- D sees the risk of the threat and still goes ahead with it ( R V Cunningham)
