BATTERY Flashcards
What is the legal definition of battery under section 39 of the criminal justice act 1988?
The intentional or reckless application of unlawful force (Rolfe)
What constitutes to the actus reus of battery?
The application of unlawful force. Force need not be hostile but must not be consented to, no injury is needed(Thomas) but force will be more that everyday contact(collins v willcock/ Fraser v DPP)
When can force be lawful?
consent and self defence (s.3 of the criminal Law Act 1967)
what examples of acts can constitute battery?
Direct physical contact is not needed~ DPP v K, Savage
Contact with clothing is enough~ Thomas
It can happen through an omission~ DPP v Santa-Bermudez
what is the mens rea for battery
intention or subjective recklessness as to the application of unlawful force (Venna)
Specific/direct intent~ Mohan
Recklessness~ Cunningham
How does the transferred malice principle apply?
where a crime is intended for one person but falls onto another by accident
(Latimer, Mitchell)
What does the principle of transferred malice state?
only similar crimes can be transferred
what is stated under the principle of joint enterprise and transferred malice?
it does not matter that D was not the one who actually injured v. all that matters is that d intended to hurt x,x intended to hurt D, and in fighting back with D, V was injured (Gnango)
what is the coincidence rule?
the actus reus and mens rea must coincide at least once
