Battery 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: SammygemboCreated on: 17-05-17 22:25 Define Battery A touching offence. Although, it is a common law offence so isn't defined by statute. 1 of 8 Summary, either-way or indictable? Summary 2 of 8 Which court is it heard in? Magistrates 3 of 8 Maximum sentence? 6 months, £5000, 40-400 hours community service 4 of 8 Which act covers sentencing? S39 of the Criminal Justice Act 1988 5 of 8 What is the Actus Reus for battery? Application of unlawful force through a continuing act (Fagan) or and indirect act (DPP v K) 6 of 8 What is the Mens Rea for battery? Intention to apply unlawful force or recklessness that the force will be applied. 7 of 8 Why is recklessness subjective? The defendant must have realised the risk but took it anyway. 8 of 8
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