Non-fatals (Battery)

Question 1

what is the AR of battery

Answer 1

The application of unlawful force to V

Question 2

What is the MR of battery

Answer 2

intentionally or recklessly causing the AR

Question 3

List all of the cases in battery

Answer 3

Collins v wilcock 
DPP v k 
DPP v santanna- bermundez 
fagan v MPC 
R v Day 
Mohan 
Cunningham

Question 4

List the Facts and the Ratio of Collins V Wilcock

Answer 4

Facts: Police officer saw a woman soliciting for prostitution on the street. He grabbed her arm and she scratched him back.
Ratio: Officer convicted of battery as woman was entitled to free herself as he was working out of duty. Unlawful touching of any force is sufficient

Question 5

List the facts and ratio of DPP v K

Answer 5

Facts: Child panicked and put acid in hand dryer and scared a woman.
Ratio: Battery can be committed indirectly

Question 6

List the facts and ratio of DPP v santana- Bermunez

Answer 6

Facts: D had needle in his pocket and told the officer his pockets were empty when she searched them she got stabbed.
Ratio: Battery can be commited via an omission

Question 7

List the facts and ratio for Fagan v MPC

Answer 7

Facts: officer was directing D to park, he reversed on his foot and refused to move.
Ratio: continuing act can be battery

Question 8

List the facts and ratio for R v Day

Answer 8

Facts: D slashed V’s clothes with a knife
Ratio: It is an offence to inflict injury to the clothes on a mans back

Question 9

List the facts and ratio of Lynsey 1995

Answer 9

Facts: D spat in police office officers face in cusstardy after shoplifting
ratio: Assault in normal usage includes battery, the court should of included battery in s.40 as well as s.39

Question 10

what is battery governed under

Answer 10

s.39 CJA