Battery Flashcards

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0
Q

Actus reus

A

It mist be physical and mot merely emotional harm but a touch is enough
Collins and wilcock
Wood
Thomas

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1
Q

Definition

A

Where d intentionally or recklessly applies unlawful physical force to another person

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2
Q

Direct and indirect acts

A

It can be direct by physical contact ( touching by a weapon that is thrown or held or spitting
LYNDSEY
indirect by e.g. Digging a hole for victim to fall down
Scott v Shepard
Martin
DPPv K
Haystead

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3
Q

Force must be unlawful

A

Consent and self defence allowed as defences

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4
Q

Must it be hostile

A

Cole v tuner
Wilson v Pringle
Faulkner

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5
Q

Continuing acts

A

The actus reus may be a continuing act

Fagan

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6
Q

Can on omission be a battery

A

Unclear but seems courts reluctant to accept this unless D under a duty to act
Santana dermudez

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7
Q

Causation

A

D must cause the unlawful force

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8
Q

Men’s rea

A

Intend to apply unlawful physical force
OR
Recklessly - D must realise there is a risk that they might cause unlawful physical force to be applied to another

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