Battery

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Actus Reus
The application of unlawful force
1 of 21
Collins V Wilcock
No need to prove harm or pain the merest touch is enough (police prostitute)
2 of 21
Minor injuries / scratches =
Battery
3 of 21
Case
Wilson v Pringle
4 of 21
Unlawful meaning
When the victim has not consented to the force
5 of 21
Force may be through a continuing act
Fagan (police mans foot)
6 of 21
Merest touch eg touching of clothes is enough
Thomas (skirt)
7 of 21
Indirect battery
Isn't accepted in Wilson and Savage as no direct force
8 of 21
Disproved in
Haystead (no force applied to baby yet still battery)
9 of 21
Herring states
Irrelevant what means are used for application of force so as long as it's there
10 of 21
Hostile
Force has to be hostile according to Wilson v Pringle
11 of 21
However,
Faulkner v Talbot state it doesnt have to be hostile
12 of 21
If unlawful =
hostile (Brown
13 of 21
Santa Bermudez state
Omission is significant but only when there is a duty to act
14 of 21
What happened in Santa Bermudez
Police officer got stabbed in finger with heroin neadle after searching suspect)
15 of 21
Mens Rea =
Intentionally or recklessly applying unlawful force
16 of 21
Case
Venna
17 of 21
Defendant must realise what
The risk of physical contact and take that risk
18 of 21
Transferred malice
Can be liable for battery through transfered malice
19 of 21
case
latimer (belt)
20 of 21
Reckless
cunningham
21 of 21

Other cards in this set

Card 2

Front

Collins V Wilcock

Back

No need to prove harm or pain the merest touch is enough (police prostitute)

Card 3

Front

Minor injuries / scratches =

Back

Preview of the front of card 3

Card 4

Front

Case

Back

Preview of the front of card 4

Card 5

Front

Unlawful meaning

Back

Preview of the front of card 5
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