Common Assault s.39 criminal justice act 1988 BATTERY
- Created by: Dom
- Created on: 17-04-13 11:59
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- Common Assault s39. Criminal Justice Act 1988 Battery
- Mens Rea
- *intention to apply unlawful physical force or, -eing reckless as to whether such forces is applied (subjective reckless applies - R v Palmer (1991)
- Unawful
- For Battery the force must be unlawful -Reasonable punishment of a child ( S.58 Children Act 2004) -in self-defence or presention of a crime *Where the victime concents
- Actus Reus
- Application of unlawful force unpon another person
- -Force may be the merest touch -usual for both to occur at the same time -Victim must be aware prior to assault -Lawful excuses - Parental authority or self-defence
- R v Wilcocks (1984) and Wood (Fraser) v DPP (2008)
- -Force may be the merest touch -usual for both to occur at the same time -Victim must be aware prior to assault -Lawful excuses - Parental authority or self-defence
- Application of unlawful force unpon another person
- Application
- Indirect Act
- Haystead v Chief Constable or Derbyshire (2000)
- D. causes force to be applied, even though he does not personally touch V. - R v. Martin (1881) b
- A Battery can also be through an indirect act e.g. Booby-trap
- Rv K (minor) (1990)- Acid in school toliets
- Continuing Act
- Battery may be a continuing act - Fagan v Metropol. Police Commmander (1968) (driving over PC's foot)
- Indirect Act
- Physical force
- Misleading phrase - mere touching is enouggh - Faulkner v Talbot (1981)
- Definition of Battery
- The application of unlawful force to another person intending either to apply unlawful physical forve to another or recklessness as to the whether unlaeful force is applied.
- Mens Rea
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