battery Flashcards
where is battery found?
common law
what is the actus reus of battery?
applying unlawful force to another
what is the leading case for battery?
R v Thomas
what does R v Thomas say?
-unlawful force can be even the slightest touch
-can be touching someones clothing
what case defines unlawful force?
Wilson v Pringle
what does Wilson v Pringle define unlawful force as?
unwanted or aggressive and beyond the ordinary jostlings of day to day life
what is the case for a continuing act?
Fagan v MPC
what does Fagan v MPC define continuing act as?
where the actus reus comes before the mens rea
what is the case for applying force indirectly via and object?
DPP v K
what is the case for an omission being a battery?
DPP v Santana Bermudez
what is the mens rea of battery?
direct intention or recklessness as to applying unlawful force to another
