Battery

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Define Battery
A touching offence. Although, it is a common law offence so isn't defined by statute.
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Summary, either-way or indictable?
Summary
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Which court is it heard in?
Magistrates
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Maximum sentence?
6 months, £5000, 40-400 hours community service
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Which act covers sentencing?
S39 of the Criminal Justice Act 1988
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What is the Actus Reus for battery?
Application of unlawful force through a continuing act (Fagan) or and indirect act (DPP v K)
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What is the Mens Rea for battery?
Intention to apply unlawful force or recklessness that the force will be applied.
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Why is recklessness subjective?
The defendant must have realised the risk but took it anyway.
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Other cards in this set

Card 2

Front

Summary, either-way or indictable?

Back

Summary

Card 3

Front

Which court is it heard in?

Back

Preview of the front of card 3

Card 4

Front

Maximum sentence?

Back

Preview of the front of card 4

Card 5

Front

Which act covers sentencing?

Back

Preview of the front of card 5
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