Common Law Battery

Question 1

Introduction

Answer 1

S39 Criminal Justice Act 1988 allows for a maximum sentence of 6 months and a maximum fine of £5000.

Question 2

Actus Reus - Definition?

Answer 2

R v Irish - Infliction of Unlawful Personal force on the victim.

Question 3

Actus Reus - Seriousness?

Answer 3

Colins v Wilcock - Does not need to be a serious attack, can be any unlawful contact.

Question 4

Actus Reus - Ommission ?

Answer 4

DPP v Santana Bermundez - The Battery can be an omission.

Question 5

Actus Reus - Fagan v Metropolitan police commissioner?

Answer 5

Battery can be achieved by a continuing act.

Question 6

Actus Reus - DPP v K?

Answer 6

The battery can be achieved through an indirect act.

Question 7

Mens Rea?

Answer 7

R v Parmenter - Intention of subjective recklessness of unlawful personal force.

Question 8

CPS Code for battery?

Answer 8

Grazes, scratches, abrasions, minor bruising, swellings, reddening of the skin, superficial cuts and a black eye.