Battery

Question 1

What Act is Battery under ?

Answer 1

s.39 of the Criminal Justice Act 1988

Question 2

How does Venna/Ireland/Collins V Wilcock define battery?

Answer 2

‘intentionally or recklessly applying unlawful force’

Question 3

What is the actual reus of battery & case ?

Answer 3

application of unlawful force on another which can be committed by a positive volountary act or omission (Collins V Wilcock)

Question 4

how can the act of battery be unlawful & cases?

Answer 4

not in self defence
no consent
not in ‘ordinary jostling of everyday life’- (Wilson V Pringle)

Question 5

What does Collins V Wilcock say about force ?

Answer 5

can be slight and doesn’t need to cause injury

Question 6

How can a battery be committed and case?

Answer 6

directly- contact from D to V (Thomas)
indirectly- (Haystead)

Question 7

Types of causation and cases ?

Answer 7

Factual- but for (White/Pagett)
Legal- De minimus/ operating (Kimsey/Smith/Chester)

Question 8

What are the NAI?

Answer 8

own act - williams & davis
self neglect - holland/wallace
3rd P - pagett
medical treat - jordan/smith
TSR - blaue

Question 9

What is the men’s rea of battery ?

Answer 9

intentionally or recklessly applying unlawful force

Question 10

how is intention defined & case?

Answer 10

aim purpose and desire of D to bring prohibited consequence - Mohan

Question 11

How is recklessness defined & case ?

Answer 11

foresees a risk and take its regardless (Cunningham)