Battery Flashcards
What act is battery under?
Section 39 Criminal Justice Act 1988
What type of offence is batter?
A summary offence
What is the punishment for battery?
6 months maximum or fine
What is the actus reus of battery?
Application of unlawful physical force on another
What case held that walking down the street and bumping into someone does not amount to battery?
Collins v Wilcock
What case held the application of battery does not need to be direct?
Haystead v DPP
Is a high level of physical force required for it to be battery? What case confirmed this? What happened in that case?
No - R v Thomas - Touched the hem of a girls skirt which was held to be equivalent to touching the girl himself
What case decided omission was battery? What happened?
DPP v Santana-Bermudez - Police officer searched defendant. Defendant did not tell her of needle in his pocket. She pricked herself on needle
What is the mens rea for battery and what case confirmed it?
Intention or subjective recklessness - R v Venna
