Battery A01 Flashcards by Scarlett . | Brainscape

Q

type of offence

A

common law offence → basic intent crime

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Q

type of offence + where is it tried

A

summary offences → magistrates court

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Q

s.__ of the Criminal Justice Act

A

s.39 → 6 months custodial sentence or a fine

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Q

actus reus

A

application of unlawful force on another

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Q

mens rea

A

intention or recklessness

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Q

no need to prove _______

A

harm or pain, a mere touch will be sufficient

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Q

can be committed ______

A

directly or indirectly → Fagan v Met Police - vehicle = indirect

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Q

omission (case)

A

ommision is sufficient → R v Santa-Bermudez

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Q

victim doesn’t need to be aware _______________

A

that they are about to be struck

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Q

touching clothing

A

touching the person - R v Thomas

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Q

JCS

A

grazes, black eyes, superficial cuts

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