non fatal offences- battery Flashcards

what you need to be guilty...booklet 7

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1
Q

battery definition

A

application of unlawful force intending physical force or recklessness

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2
Q

how is battery different to assault

A

force used in battery but assault doesn’t require any physical touch

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3
Q

elements of actus reus needed to be guilty of battery

A

unlawful
application
force

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4
Q

elements of mens rea needed to be guilty of battery

A

intention to apply unlawful force
OR
recklessness to apply unlawful force

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5
Q

what situations is application of force lawful

A

self defense
when police are making an arrest

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6
Q

case (1) and acts (2) for unlawful (same ones for assault)

A

Wilson v Pringle- implied consent to the ‘‘ordinary jostlings of everyday life’’ (common, minor physical contacts that occur during routine interactions among people)
Criminal Law Act s.3- application of force when self defense is needed is lawful
Police and Criminal Evidence Act (PACE) s.117- force can be used by police when making an arrest

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7
Q

application- indirect case

A

DPP v K
(guilty as d knew it would cause harm but left acid on the hand dryer)

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8
Q

application of force-can be a continuous act case

A

Fagan v MPC
(guilty as when d realised he had ran over foot he refused to move car)

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9
Q

application of force- can be done by an omission case

A

DPP v Santana- Bermudez
(guilty as d failed to warn officer about needle causing danger)

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10
Q

force- any unlawful contact, even a police officer case

A

Collins v Wilcock
(not guilty as woman acted in self defence)

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11
Q

force- includes touching clothes

A

R v Thomas
(touched hems of skirts of female students)

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12
Q

force- no need for the contact to be ‘‘hostile rude or aggressive’’

A

Faulkner v Talbot
(sexual assault against boy but she claimed she wasn’t being aggressive’’

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13
Q

mens rea- 2 cases

A

R v Cunningham- confirmed test for recklessness is subjective
R v Venna- recklessness is enough for something to be a battery

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