Battery Flashcards
Define battery
Application of unlawful physical force with the intention to apply unlawful physical force or being reckless as to whether such force is applied. Intentionally or subjectively recklessly cause ar
Facts of Collins and Wilcock
Police took hold of woman’s arm while questioning her and she scratched police officer
Facts of dpp v k
Boy took acid from science lab and put it under hand dryer and it burned v face
Ratio of dpp v k
It can be an indirect act
Facts of Santana Bermudez
Needle in pocket stabs police officer after d told v he had nothing
Ratio of Santana Bermudez
Can be committed via omission
Facts of Fagan
D drove on polices foot and refused to move then swore at officer
Ratio of fagan
AR and MR just have to coincide
Facts of mohan
D drive his car at police officer, the officer wasn’t hit. D lacked intent for the attempt
Ratio of mohan
Ds aim or purpose to bring about the assault is the key ingredient in MR
Ratio of Cunningham
Does d foresee the risk and go ahead
Facts of Cunningham
D tore the gas meter off the wall and gas seeped into neighbours house and she became unwell