Battery

Question 1

All steps?

Answer 1

1) AR
2) MR
3) Liable or not.

Question 2

Intro is…?

Answer 2

Act + definition

Question 3

Act for battery?

Answer 3

S39 Criminal justice act 1988

Question 4

Definition of battery+ case?

Answer 4

Intentionally or recklessly applying unlawful force onto another.

Question 5

Step 1?

Answer 5

Actus reus = Guilty Act

Question 6

3 things for step 1+ cases?

Answer 6

A) Slightest touch done in anger (Cole v Turner)

B) V must not consent (Collins v Wilcock)

C) Indirect application of force (R v Haystead)

Question 7

What is Step 2?

Answer 7

Mens rea - Guilty Mind

Question 8

Three things for step 2 + cases?

Answer 8

D has intention or recklessness as to applying the unlawful force. (R v Savage)

A) Intention - Direct intent - D aims/desires the outcome. (R v Mohan)

B) Recklessness - Subjective Recklessness - D realises risk and takes it anyway. ( R v Cunningham)

Question 9

What 2 things do you talk about for step 2 if applicable?

Answer 9

Trransfered malice and coincidence rule.

Question 10

Transferred malice for step 2?

Answer 10

D can be liable if they commited a crime but against an unintended V. (R v Latimer) - MR is transferred.
But only if it is the same offence. (R v Mitchell)

Question 11

What is the coincidence rule for step 2?

Answer 11

A) D did not have to know they were commiting a crime, if the AR countinues then a MR will be present. (Fagen v MPC)

B) D had MR but the AR happened later, the MR is estbalished if same series of events. (R v Thabo Meli)

Question 12

What is step 3?

Answer 12

Is D criminally liable or not?