non-fatal offences - battery Flashcards
actus reus
application of unlawful force to another person
mens rea
intention or recklessness as to the battery
what act does battery come under?
s.39 Criminal Justice Act 1988
Collins v Willcock
A police officer took hold of a woman’s arm to prevent her from leaving and the courts agreed that he was acting unlawfully by holding her arm and held that he had committed battery
Wood (Fraser) v DPP
It was held that since he hadn’t been arrested there was technical assault (battery) by the officers. this meant that wood was entitled a struggle and therefore not guilty of any assault on the officers
R v Thomas
Court of Appeal said that ‘there could be no dispute that if you touch a persons clothes while he is wearing them that is equivalent to touching them’
