Battery Flashcards

1
Q

Where is battery defined

A

Common law

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2
Q

What is the actus Reus if battery

A

To apply unlawful force to another person

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3
Q

R v Thomas

A

Unlawful force can be the lightest touch. Touching clothing is the same as touching the person

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4
Q

Wilson v Pringle

A

Defines force as a hostile force beyond the everyday jostling of life. Hostile is defined as unwanted or aggressive

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5
Q

DPP v Santana Bermúdez

A

Force can be applied through an omission but only when d has a duty to act and failed to do so

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6
Q

DPP v K

A

Force can be applied indirectly eg via an object

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7
Q

Fagan v MPC

A

Force can be applied through a continuing act

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8
Q

What is the mens rea of battery

A

Direct intention or recklessness as to apply unlawful force to another

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9
Q

R v Mohan

A

Direct intention

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10
Q

R v Cunningham

A

Recklessness

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