Battery Flashcards
What is the definition of Battery according to S.39 CJA 1988?
The application of unlawful force to another.
Referenced case: Ireland; Burstow
What is the A/R (Actus Reus) for Battery?
The application of unlawful force to another.
Referenced case: Ireland; Burstow
What is the M/R (Mens Rea) for Battery?
Intention or recklessness as to the application of unlawful force to another.
Referenced case: Venna
What does ‘application’ refer to in the context of Battery?
Force can be applied directly or indirectly.
What is an example of indirect application of force in Battery?
DPP v. K, Haystead, Martin.
Can force be applied by omission in Battery?
Yes, but only where D has a duty to act.
Referenced case: Santana Burmudez
Can the touching of clothes amount to Battery?
Yes, it can amount to battery.
Referenced case: Thomas
What makes the application of force ‘unlawful’?
A lack of consent or lawful excuse (self-defence).
What type of contact does not amount to Battery?
Contact ‘acceptable in the ordinary conduct of everyday life’.
Referenced case: F v West Berks HA
What is the legal definition of ‘Force’?
‘Force’ refers to the slightest touching being sufficient in legal terms.
Reference from Collins v. Wilcock case
What does Mens Rea mean?
Mens Rea refers to intention or recklessness in legal context.
Key element in determining culpability.
What is the definition of Recklessness?
Recklessness is defined as conscious risk taking.
This definition comes from the Cunningham case.
What legal principle applies in the case of Transferred Malice?
Transferred malice applies when the intent to harm one individual inadvertently causes harm to another.
Illustrated in the Latimer case.
Battery Summary Response
With regard to __________, it is likely that _____ will be charged with
________ under ___ of the _________________.
• The actus reus of _________ is ______________ (____________).
Define key terms.
• APPLY A/R
• The mens rea of __________ is ______________ (____________).
Define key terms.
• APPLY M/R
• If convicted, _________ faces up to _______ years/ months
imprisonment.
Battery Full AO1 Template
With regard to ____ it is likely that D will be charged with Battery under s39 of the Criminal Justice Act 1989.
The AR for battery is application of unlawful force to another (Ireland;Burstow). Unlawful means without lawful excuse. Force can be applied directly or indirectly (Martin) and the slightest touching is sufficient (Collins v Wilcock), however, contact acceptable in the ordinary conduct of everyday life will not amount to battery (F v West Berkshire HA).
APPLY + Causation - Factual (White) Legal (Smith/Cheshire) - chain of causation intact
The MR for battery is intention or recklessness as to the application of unlawful force to another (Venna). Intention means aim, purpose or objective, and recklessness is conscious risk taking (Cunningham). APPLY
If convicted, ____ faces up to 6 months imprisonment.
