Non Fatal Offences - Battery

Question 1

Act

Answer 1

S39 criminal justice act 1988

Question 2

Definition

Answer 2

Intentionally or recklessly apply unlawful force

Question 3

Actus reus

Answer 3

Slight touch don’t in anger-(Cole v turner)
V must not consent-(Collins v Wilcox)
Indirect application of force-(R v haystead)

Question 4

Men’s rea

Answer 4

D has intention or is reckless to apply the unlawful force (R v savage)
Intention-D desires/aims outcome (Mohan)
Recklessness-D realises risk and takes it anyway (Cunningham)

Question 5

If applicable

Answer 5

Transferred malice-D can be liable if they have the MR for crime against unintended V-MR will be transferred(R v Latimer) but only for the same offence(R v Mitchell)
Coincidence rule-1.D did not know they were committing the crime but carried on anyway so the AR wil be continuing until MR is present (fagan v MPC) 2.D had MR but AR appeared later, MR established if same series of events (R v Thabo meli)