"An act by which the defendant intentionally or recklessly applies unlawful physical force to another person"
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What is the punishment and what offence is this ?
Battery is a summary offence - it is only tried in the majestrates court
Max imprisonment of 6 months
Section 39 Criminal Justice Act
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What is the actus reus of battery?
application of unlawful physical force by defendant on victim
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What is the mens rea of battery?
intention as to the application of unlawful physical force or reckless as to the application of unlawful physical force
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What is the application of battery?
the application of unlawful physical force need not to be direct
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Application
What happened in the case of DPP v K 1990?
defendant took acid from science labs at school and put it into the hand dryer in the boys toilets
he was liable although he did not physically touch the person he caused the events that did that
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Application
What did the say in the case of MPC v Fagan 1969?
although he didn't physically touch the policeman he made the car touch him
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What two cases were related to force applied to clothing will suffice?
R v Day 1845 - defendant slashed the victims clothing but didn't physically touch them
R v Thomas 1985 - defendant rubbed a girls skirt
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How was unlawful physical force defined by Lord Lane, what case did he refer to?
"Any touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude or aggressive"
Falkner v Talbott (1981)
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What are the types of consent?
consent may be expressed or implied
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What are examples of implied consent?
jostling in crowded places
handshakes
backslapping
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What happened in the case of Collins v Wilcock ?
police women grabbed a women to stop her walking off and was questioning her, women scratched policeman, she was charged with battery but court found not liable, police shouldn't have grabbed her as that's battery so women had right to defend herself
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What was the case to do with implied consent?
Donnelly v Jackman 1970 - police tapped man on the shoulder to get his attention, man turned round and punched him in the face, the police officer was entitled to tap him on the shoulder
punching him in the face was unreasonable force
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Other cards in this set
Card 2
Front
What is the definition of battery?
Back
"An act by which the defendant intentionally or recklessly applies unlawful physical force to another person"
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