CJA 1988, s.39
Spider diagram showing two offences studied in the Criminal Justice Act 1988 and the actus reus and mens rea of both
- Created by: Tasha Davies
- Created on: 09-04-13 16:42
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- Criminal Justice Act 1988, s.39
- Battery
- Intention or (Cunningham) recklessness
- Battery
- Battery
- Intention or (Cunningham) recklessness
- No need for "direct" force
- Martin [1883], R v K [1990], Hayward [2000]
- Actual infliction of unlawful personal harm on the V
- There is an implied consent to day-to-day touching
- Can be committed by ommission
- DPP v Santana-Bermudez [2004]
- Force must be hostile
- Actual infliction of unlawful personal harm on the V
- There is an implied consent to day-to-day touching
- Can be committed by ommission
- DPP v Santana-Bermudez [2004]
- Actual infliction of unlawful personal harm on the V
- ALL unlawful force is hostile
- Force must be hostile
- Force must be hostile
- R v Brown [1993]
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