Battery

Question 1

Definition

Answer 1

AR- applications of unlawful force on V

MR- intentionally or subjectively recklessly causing the ar

Question 2

Collins and wilcock

Answer 2

Police women took hold of C to stop her walking off and v scratched policewomen.
Held policewomens actions amounted to battery, D’s actions therefore self defence

Question 3

DPP V K

Answer 3

boy placed acid in hand fryer which caused v to be burned by acid.
Held the application of force need not be directly applied. D convicted under Caldwell recklessness

Question 4

DPP V Santana Bermudez

Answer 4

Police officer searched D who claimed he did not have any needles in his possession. Police officer was stabbed by a needle in pocket.
Held created duty of care through dangerous situation, battery can be caused as part of a wider act

Question 5

Fagan v MPC

Answer 5

Policeman directed d to park his car. D accidentally drove onto his door however refused to move.
Held driving on to the door and remaining there was part of a continuing act . AR and MR concisde

Question 6

R v Lindsey

Answer 6

Spitting counts as battery

Question 7

Mohan

Answer 7

D drove his car at officer, officer not hit- attempted ABH. D lacked intent for the attempt.
Held D’s aim or purpose to bring about the assault is the key ingredient in MR

Question 8

Cunningham

Answer 8

D tore gas metre off wall causing gas leak and vs illness.
Held malicious means either an actual intention to do the kind of harm done or recklessness as to wether such harm should occur

Question 9

What is d charged under?

Answer 9

S.39 criminal justice act

Question 10

What is the maximum sentence for battery?

Answer 10

6months per offence

Question 11

A03- common law

Answer 11

Developed through cases, broadens law makes it fairer to v

Question 12

A03- issue of how direct all contact must be

Answer 12

There must be some unearned or unjustifiable touching either directly or indirectly. D must intent to be reckless about the conduct.
The Supreme Court yet to decide what indirect battery is.

Question 13

A03- new versions of assault and better

Answer 13

New versions of assault and better hand introduction of the new bridging offences seem sensible. Both are referred to as an assault

Question 14

A03- reform

Answer 14

Physical assault- where a person intentionally or recklessly applies force of causes an impact on somone without consent
Threatened assault- where person intentionally or recklessly causes another to think any such force or impact may be imminent and does not consent