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Criminal Law > OAPA: Battery > Flashcards

OAPA: Battery Flashcards

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1
Q

what type of crime is battery

A

result crime

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2
Q

which section + case distinguishes assault and battery

A

-s.39 CJA; assault and battery are two different crimes
-Collins v Wilcock; Goff LJ confirmed distinction that battery involves unlawful/unwanted contact and assault involves causing another to apprehend unlawful/unwanted contact
-reaffirmed in Nelson

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3
Q

what is the AR of battery

A

-infliction of any unlawful personal violence by D upon V

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4
Q

what 4 cases provide what is not necessary for consent

A

-Faulkner v Talbot; need not be hostile, rude or aggressive
-direct infliction not necessary (R v Martin, Scott v Shepherd, R v Ireland; Barstow)

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5
Q

what happened/ is the legal principle in Faulkner v Talbot

A

-battery need not be hostile, rude or aggressove

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6
Q

what happened/ is the legal principle in R v Martin

A

-battery need not be inflicted directly
-D yelled fire + cut exit lights audience got trampled

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7
Q

what happened/ is the legal principle in Scott v Shepherd

A

-battery need not be inflicted directly
-D threw squib into crowd, others threw it away from them
-only D convicted as it was a continuing act

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8
Q

what happened/ is the legal principle in R v Ireland; Burstow

A

-battery need not be directly inflicted
-silent phone calls are not direct infliction

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9
Q

give 2 cases about general consent to battery

A

-Collins v Wilcock; generally, consent is not a defence to battery but there is implied consent in everyday circumstances
-Coward v Baddeley; touching person to get attention is not battery

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10
Q

what happened/ is the legal principle in Collins v Wilcock

A

-generally, consent is not a defence to battery but there is implied consent in everyday circumstances

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11
Q

what happened/ is the legal principle in Coward v Baddeley

A

-touching person to get attention is not battery

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12
Q

can battery be committed by omissions

A

-generally, no, must be an act (Innes v Wylie)
-but can be liable if duty arises from D creating a serious situation (R v Miller, DPP v Santa Bermudez)
-Fagan; D omitted to remove car off V so continually committing battery through a continuing act

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13
Q

what is the legal principle in Innes v Wylie

A

-generally, battery cannot be committed via omission, must be an act

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14
Q

what happened/ is the legal principle in R v Miller and DPP v Santa Bermudez

A

-but can be liable via omission if duty arises from D creating a serious situation (R v Miller)
-DPP v Santa Bermudez; D omitted telling police searching him of syrunge in pocket

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15
Q

what happened/ is the legal principle in Fagan

A

-D omitted to remove car off V so continually committing battery through a continuing act

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16
Q

give 2 cases regarding clothes

A

-Day(1845); battery of a person includes V’s clothes
-Thomas (1985) even if V doesnt feel it through clothes

17
Q

what are the legal principles in the cases Day (1845) and Thomas(1985)

A

Day(1845); battery of a person includes V’s clothes
-Thomas (1985) even if V doesnt feel it through clothes

18
Q

give 2 cases regarding direct infliction of battery

A

-DPP v Smith; D spits on V)
-R v Savage; throws beer at V

19
Q

what happened / are the legal principles of the cases DPP v Smith and R v Savage

A

-DPP v Smith; D spits on V
-R v Savage; throws beer at V

20
Q

what is the MR for battery

A

intention or recklessness as to causing physical contact with V
-R v Venna; assault and battery can be intention or recklessness

21
Q

what is the legal principle in R v Venna

A

assault and battery can be intention or recklessness

22
Q

when is s.39 CJA charged

A

when there are no aggravating factors:
(a)nature of assault
(b) vulnerability of victim

23
Q

explain what is meant by the aggravating factor (a) nature of assault

A

-use of weapons, biting etc

24
Q

explain what is meant by the aggravating factor (b) vulnerability of victim

A

-eg elderly / disabled

Criminal Law (17 decks)

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