Battery Flashcards

1
Q

I

A

The D may have committed a battery

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2
Q

Definition

A

Battery is defined by lord Goff in Collin’s v Wilcock as the actual infliction of unlawful force

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3
Q

E

A

Touching- lord Goff in Collin’s v wilcock stated that “any touching, however slight may amount to a battery”

SIDE RULE: Clothing- touching the v’s clothing whilst they are wearing them, is almost like touching the v’s skin (Thomas)

SIDE RULE: indirect battery is still a battery (booby traps or transferred malice style touching) (Martin)

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4
Q

Apply

A

Did the D touch the V

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5
Q

E

A

The touching must be unlawful meaning “hostile or aggressive” ( Wilson v Pringle)

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6
Q

Apply

A
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7
Q

Men’s rea

A

E- the men’s rea of a better is the intention (Mohan) or recklessness (Cunningham) to inflict unlawful force on the V ( Venna)

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8
Q

Apply

A
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