Battery
- Created by: __Jess
- Created on: 13-02-23 19:31
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- Battery
- Actus reus
- The application of unlawful force
- Application
- The application does not need to be direct
- DPP v K
- Fagan v MPC
- Can also be an omission
- Santana Bermudez
- The application does not need to be direct
- Unlawful
- If the defendant has a lawful excuse, he won't be guilty
- Reasonable punishment of a child
- Self-defence or crime prevention
- Victim's consent
- Collins v Wilcock
- Defines implies consent in bustling environments
- Grabbing someones arm is not consensual
- Defines implies consent in bustling environments
- Collins v Wilcock
- If the defendant has a lawful excuse, he won't be guilty
- Force
- Any touching will suffice
- R v Thomas
- Faulkner v Talbot
- Any touching will suffice
- Application
- The application of unlawful force
- Mens rea
- Intent
- Subjective recklessness
- Cunningham
- Is the defendant aware of the risk and does he take it anyway?
- R v Venna
- Cunningham
- Actus reus
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