Battery

Question 1

Category of offence

Answer 1

summary

Question 2

Max sentence

Answer 2

6 months

Question 3

Definition

Answer 3

Unlawful application of force by D upon V

Question 4

AR

Answer 4

Unlawful application of force

Question 5

MR

Answer 5

Intention and subjective recklessness

Question 6

Who suggested reforms?

Answer 6

The law commission

Question 7

Where is battery defined?

Answer 7

Common law

Question 8

Why is common law an issue?

Answer 8

Because the law is constantly changing

Question 9

What is battery charged under?

Answer 9

S.39 criminal justice act 1988

Question 10

Collins v Wilcock

Answer 10

F- A policewoman grabbed a woman’s arm she she scratched back
R- The scratch was in self-defence so was therefore lawful

Question 11

DPP v K

Answer 11

F- D put acid in school a hand dryer and it scarred a boy’s face
R- The application of force need not be direct

Question 12

DPP v Santana-Bermudez

Answer 12

F- D failed to disclose a needle in his pocket which stabbed a police officer during a search
R- Can be committed via an omission

Question 13

Fagan v MPC

Answer 13

F- D accidentally drove onto a policeman’ foot and refused to move
R- He had intent to leave the car which is unlawful force

Question 14

Mohan

Answer 14

F- D drove his car at a police officer

R- He was sub reckless in doing it

Question 15

Cunningham

Answer 15

F- D tore the gas meter off the wall and gas seeped into next door
R- D didn’t intend harm but was reckless