Battery Flashcards
1
Q
Where is battery defined
A
Common law
2
Q
What is the actus Reus if battery
A
To apply unlawful force to another person
3
Q
R v Thomas
A
Unlawful force can be the lightest touch. Touching clothing is the same as touching the person
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
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
6
Q
DPP v K
A
Force can be applied indirectly eg via an object
7
Q
Fagan v MPC
A
Force can be applied through a continuing act
8
Q
What is the mens rea of battery
A
Direct intention or recklessness as to apply unlawful force to another
9
Q
R v Mohan
A
Direct intention
10
Q
R v Cunningham
A
Recklessness
