non- fatal offences- battery Flashcards
1
Q
defined in … as …
A
battery section 39 of the criminal justice act as the intentional or reckless application of unlawful force (rolfe)
2
Q
actus reus
A
application of unlawful force
- need not be hostile but must go beyond every day contact (collins v willcock)
- must not be consented to, and no injury is needed
3
Q
IR..
A
direct physical contact is not needed (DPP v K) but contact with clothing will be sufficient, also an omission will be sufficient
4
Q
mens rea
A
inention or subjective recklessnes as to the unlawful application of force. (venna)
direct intent (mohan)
recklessnes (cunningham)
5
Q
transferred malice
A
where a crime intended for one person falls on another as in Latimer.
