Battery Flashcards

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1
Q

What is the definition of battery ?

A

The application of immediate unlawful force with the intention to apply immediate unlawful force or being reckless in doing so.

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2
Q

What is force ?

A

Any touching of another person however slight may amount of a battery. It does not need to be significant
(Collins V Wilcock)

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3
Q

What is touching clothing ?

A

Touching a persons clothing while they are wearing it is an equivalent to touching v the person.
(R V Thomas)

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4
Q

What is continuing act ?

A

This means D can be guilty of while applying force they realise and form the men’s Rea.
(Fagan V MPC)

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5
Q

What is an indirect act ?

A

Proof is required that D inflicted force which can be through a direct/indirect act indirect acts are where D has not touched V but has caused the force.
(DPP V K)

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6
Q

What is the men’s Rea of battery ?

A

The defendant may have the intention to apply unlawful force.

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