Common Assault s.39 criminal justice act 1988 BATTERY

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  • 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)
    • 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)
    • 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.

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