Battery Flashcards
Which category of offence is battery
A summary offence
What are the maximum sentencing powers for battery?
6 months of a £5000 fine
What is the definition of battery?
The application of unlawful force with intention or recklessness
Where is the law on battery defined?
Common law
Where is battery charged?
S39 Criminal Justice Act
Give the facts of Collins and Wilcock
Police officer took a woman by the arm to prevent her from leaving, she scratched the officers arm to free herself
Give the ratio of Collins and Wilcock
The officer had committed a battery and the woman was entitled to free herself
Give the facts of DPP v K
D put sulphuric acid in a hand dryer someone used it and was sprayed with the acid
Give the ratio of DPP v K
A battery can be committed via an indirect act
Give the facts of Santana-Bermudez
D failed to tell a policewoman that he had a needle in his pocket she was injured by it
Give the ratio of Santana-Bermudez
Battery can be committed by omission
Give the facts of Fagan
D was parked on a policeman’s foot and didn’t move once he realised
Give the ratio of Fagan
A continuing act can form the actus reus of battery
Give the facts of R v Day
D slashed V’s clothes with a knife
Give the ratio of R v Day
It is battery to inflict injury to the clothes on someone’s back
