BATTERY

Question 1

ACT

Answer 1

S39 Criminal Justice Act 1988

Question 2

DEFINITION

Answer 2

intentionally or recklessly apply unlawful force

Question 3

ACTUS REUS= GUILTY ACT

Answer 3

APPLYING unlawful force:
- slightest touch when done in anger (Cole v Turner)
- V must not consent (Collins v Wilcox)
- Indirect application of force (R v Haystead)

Question 4

MENS REA = GUILTY MIND

Answer 4

D has intention or is recklessness to apply the unlawful force (R v Savage)
1) Intention: D desire/ aims outcome (R v Mohan)
2) Recklessness: Subjective recklessness - D realises risk and takes it anyway (R v Cunningham)

Question 5

TRANSFERRED MALICE

Answer 5

D can be liable if they have the MR for crime against unintended V - MR will be transferred (R v Latimer) but ONLY for the same offence (R v Mitchell)

Question 6

COINCIDENCE RULE

Answer 6

1) D did not have know were committing crime, carried on anyway so AR will be continuing until MR is present (Fagan v MPC)
2) D had MR but AR happened later, MR established if same series of events (R v Thabo Meli)