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injuries include minor bruising,
grazing, small cuts, swelling…read more

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Section 39 of the Criminal
Justice Act 1988
· Summary offence
· 6 months imprisonment and/or a fine
· Common law offence…read more

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Actus Reus
· Application of unlawful force on another
· Any unlawful physical act can amount to battery
· A mere touch can be sufficient
· An omission can amount to the Actus Reus of
· Battery can be direct or indirect.…read more

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· Fagin v Metropolitan Police Commander (1968):
D parked his car with one of the tyres on a police officer's foot,
he refused to remove it for several minutes. The intention was
formed when D left the wheel on the officer's foot
· DPP v K (1990):
D placed acid in a hot air drier to hide it from his teachers. V
then used the drier and the acid caused burns on his face. It was
held that if the charge was simply battery, it is not necessary to
prove harm.
· DPP v Santana-Bermudez (2003):
The policewoman asked D before searching his pockets if he
had any needles or sharp objects on him. D said `no' but was
injured by a needle which caused bleeding. D's failure to tell the
policewoman of the needle could amount to the actus reus.…read more

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Mens Rea
· The Mens Rea of battery is intention
· Assault and battery may occur at the same time
known as common assault…read more

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