Battery Flashcards
1
Q
Define battery
A
Intentionally or recklessly inflicts unlawful force on another - can be small
2
Q
Describe what is meant by transfer of malice in battery
A
If you hit the wrong victim because you’ve missed then it’s still battery.
You can’t have a transfer of malice for different crime times
3
Q
What are the defences in battery?
A
Consent - did the victim consent to what was done and do public policy considerations invalidate consent? Eg in rugby they consent to a level of battery
Lawful chastisement - smacking a child; no more than reddening of the skin and injury transient and trifling
Self defence - preemptive strike (you do something to stop something from happening to you)
