Non Fatal Offences- Battery Flashcards
1
Q
Definition of Battery
A
The actual infliction of unlawful force
The D unlawfully touches the v
Lord Goff- COLINS V WILCOCK
2
Q
Actus Rea of Battery
Part 1
A
The v must be touched
Any touch however slight may amount to a battery
COLLINS V WILCOCK
3
Q
Battery side rule
Part 1
A
Touching a persons clothing whilst they are wearing them is equivalent to touching the person
THOMAS
4
Q
Battery side rule No2
Part 1
A
Indirect touching
MARTIN
5
Q
Actus Rea of Battery
Part 2
A
The touching must be unlawful
‘Hostile’ or ‘Aggressive’
WLISON V PRINGLE
6
Q
Mens Rea for Battery
A
Intention (MOHAN)
Recklessness (CUNNINGHAM)
To inflict unlawful force on the V
VENNA