Non-fatal Offences-Battery Flashcards
What act is battery charged under?
Criminal Justice Act 1988
What section is battery under?
S.39
What kind of charges are available for battery offences?
£5000 and or a 6 months prison sentence
Battery requires what?
The application of force
What did Colin’s V Wilcock decide?
That touching someone is not a battery but restraining someone may be
What case indicated that deliberately driving over somebodies foot is a battery?
Fagan V MPC 1969
What case said that application of can be indirect for a battery?
DPP v K 1990
What was DPP v K about?
This was about a boy who hid acid in a hand dryer which them proceeded to fire out when someone used it. This was an indirect battery
What kind of law offence is it?
A common law offence
What kind of indirect force can also be a battery?
Spitting at someone
Can you have a battery without an assault?
Yes, if someone creeps up behind someone and hits them
What case demonstrates that a battery can be committed through an omission?
DPP v Sanata Bermudez
What is Santana -Bermudez about?
D failed to declare to police woman he had a needle in his pocket when she asked, so when she put her hand in she was pricked
What is the definition of battery?
An act by which someone intentionally or recklessly applies physical force
Why is brushing up against someone in a lift not a battery?
There is implied consent
