Battery

Question 1

What statute is battery defined under?

Answer 1

S39 CJA 1988

Question 2

What is the actus reus of battery?

Answer 2

Application of unlawful force

Question 3

What is the first element of the AR?

Answer 3

Application of force— force can be however slight if it gone beyond the accepted norms of everyday conduct Collins v Wilcock

Question 4

What is the second element of the AR?

Answer 4

If V gives genuine consent, then force is not unlawful
Latter v Braddell - she did not consent, this was battery

Question 5

What is the MR of battery?

Answer 5

Intention or recklessness as to the application of unlawful force
R v Parmenter — intention to apply unlawful physical force or being reckless as to whether such force is applied

Question 6

What type of offence is battery? What is the maximum sentence or it?

Answer 6

Summary offences, triable only in the magistrates court, max sentence if six months or a 5,000 pound fine