non-fatal offences: battery Flashcards
1
Q
what governs battery?
A
S39 Criminal Justice Act 1988
2
Q
what is battery?
A
the actual infliction of unlawful force on another person
3
Q
explain the AR of battery
A
- the slightest touch is sufficient for battery (Collins v Wilcock)
- touching a person’s clothing is sufficient for battery (Thomas)
- the ordinary jostlings of everyday life are not battery, as there is implied consent (Wilson v Pringle)
- can be committed through a continuing act (Fagan v Metropolitan Police Commander)
- can be an indirect act (Haystead)
- an omission may be sufficient for battery if there is a duty of care for the D to act (Santana-Bermudez)
4
Q
explain the mens rea of battery
A
- direct intent ; it was D’s aim to apply unlawful force on the V (Mohan)
- recklessness; there was a risk of some harm from the D’s conduct, such as XXX, they realised this, but still chose to take the risk (Cunningham)
5
Q
Collins v Wilcock
A
the slightest touch is sufficient for battery
6
Q
Thomas
A
touching a person’s clothing is sufficient for battery
7
Q
Wilson v Pringle
A
the ordinary jostlings of everyday life are not battery
8
Q
Fagan v Metropolitan Police Commander
A
battery may be committed through a continuing act
9
Q
Haystead
A
battery may be committed through an indirect act
10
Q
Santana-Bermudez
A
an omission may be sufficient for battery if there is a duty of care for the D to act
11
Q
Mohan
A
direct intent
12
Q
Cunningham
A
recklessness
