battery (criminal) Flashcards
What act does battery come under
section 39 criminal justice act 1988
what is the defenition of battery
the intention or reckles application of unlawful force
what is the actus reus for battery
the application of unlawful physical contact with no need to prove pain eg punching , slapping , kicking
what is Fagan v Metropolitan Police commissioner
the victim need not be aware that they are about to be hit
collins v wilcock
shows that battery can be even from the slightest touch
R v Thomas
force does not have to be applied to the victims clothing is enough( touching the skirt)
R v braham
a battery can be commited even when the defendants actions were thought to be affectionate ( tinned peas and force feeding)
R v haystead
battery may be an indirect act( baby knocked on the floor) can be considrered in elemts of transfered malice.
Dpp v santa bermudez
a battery can be an ommision, defendant lied about having a needle in there pocket cut police officer
what is the mens rea
intention or recklessness ( Cunningham recklessness )
r v venna
recklnessess is sufficent mens rea for battery
