Battery model ao1 0.0 / 5 ? LawCriminal lawA2/A-levelOCR Created by: __JessCreated 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
Comments
No comments have yet been made