Battery model ao1

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  • Created by: __Jess
  • Created on: 19-02-23 16:33
Battery is defined in...
Section 39 of the CJA 1988
1 of 13
Actus reus
The unlawful application of physical force
2 of 13
Application
Can be direct or indirect
3 of 13
Indirect application (case)
DPP v K
4 of 13
Lawful reasons
Reasonable punishment of a child, self-defence/crime prevention, and victim's consent
5 of 13
Situations where there is implied consent
Jostling in crowded places
6 of 13
Situation in which there was no implied consent (case)
Collins v Wilcock
7 of 13
Physical force
Any touching
8 of 13
Touching of clothes constitutes physical force (case)
R v Thomas
9 of 13
The touching does not need to be rude, aggressive or hostile in order to constitute physical force (case)
Faulkner v Talbot
10 of 13
Mens rea
Intent or recklessness to apply unlawful physical force
11 of 13
Subjective recklessness (definition)
When the defendant is aware of the risk but takes it anyway
12 of 13
Subjective recklessness (case)
R v Cunningham
13 of 13

Other cards in this set

Card 2

Front

The unlawful application of physical force

Back

Actus reus

Card 3

Front

Can be direct or indirect

Back

Preview of the back of card 3

Card 4

Front

DPP v K

Back

Preview of the back of card 4

Card 5

Front

Reasonable punishment of a child, self-defence/crime prevention, and victim's consent

Back

Preview of the back of card 5
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