NFO: Battery Flashcards
governing AoP
S.39 of the Criminal Justice Act 1988
Rolfe
def- “the intentional/reckless application of unlawful force”
Thomas
AR: force need not be hostile but not consented to, no injury is needed
Collins v Willcock
AR: the force needs to be more than ‘everyday contact’
DPP v K
AR: direct physical contact is not needed (hand dryer acid)
Savage
AR: direct physical contact (throwing drink)
Venna
MR: intention/subjective recklessness as to the application of unlawful force
Mohan
MR: direct int, deciding to bring about a particular consequence
Cunningham
MR: sr, foresaw the risk and continued regardless
Latimer
transferred malice principle
Level of harm
nothing, just unwanted contact
Checklist
- def s/39 of CJA ‘88
- app of force: no inj,