Non fatals- Battery

Question 1

AR of battery

Answer 1

Application of unlawful force on V

Question 2

MR of battery

Answer 2

Intentionally or subjectively recklessly causing the AR

Question 3

Where’s the law on battery defined

Answer 3

Common law

Question 4

The act which D is charged under

Answer 4

S39 criminal justice act

Question 5

Category of offence

Answer 5

Summary

Question 6

Maximum sentencing

Answer 6

6 month and £5000 fine

Question 7

Collins and wilcock

Answer 7

Police women got hold of women’s arm to stop her walking away, the women scratched officer, conviction quashed the officers actopn was battery so v acted in self defence. Unlawful force can include slightest touching

Question 8

DPPv K

Answer 8

School boy put acid in hand dryer when someone used it the acid went in face. Application of force doesn’t need to be directly applied, convicted under Caldwell recklessness. Touching can be indirect

Question 9

DPP v Santana Bermudez

Answer 9

D allowed officer to search him without telling him he had a Needle in his pocket, injuring the officer. AR complete battery can be committed via omission

Question 10

R V Day

Answer 10

D slashed Vs clothes with knife. It’s an assault to inflict any injury to clothes on a mans back. D doesn’t actually have to touch the person

Question 11

R v Lynsey

Answer 11

Spat in officers face after shoplifting guilty battery includes assault develops application