Law: Battery

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  • Created by: ChloeD99
  • Created on: 19-11-15 17:54
The main features of Battery are....
• Defendant focused crime • Requires contact. • Has to be unlawful (without consent) - consent can be verbalised or expressed and can be implied by the circumstance (contact sports).
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The Actus Reus of Battery is.....
• The application of unlawful physical force to another person. • Application + Force = AR of Battery
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The Mens Rea of Battery is....
• Intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
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The word 'forced' in the actus reus of battery means....
• Cole v Turner- Force can be the slightest touching.
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The case used for force is....
Thomas: • Defendant touched the bottom of the victim’s skirt and rubbed it. It was held that you touch a person’s clothes while he or she is wearing them, that is equivalent to touching him or her and therefore the defendant was found guilty.
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The word 'application' in the actus reus of battery means....
• This can be direct or indirect.
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The case used for application is.....
DPP v K: • The defendant poured acid into a hand dryer in a school toilet. This injured a pupil that used it. Application of Battery means direct and indirect contact.
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Another case used for application is....
Martin: • The defendant left an iron bar across the doorway of a theatre, turned the lights off and rang the fire alarm. Indirect and direct means to cause.
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A third case used for application is....
Haystead v DPP: • The defendant punched a woman and this caused her to drop the child she was holding which then fell to the floor. The defendant was found guilty because he was reckless as to whether or not his acts would injure the child, and a bat
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Other cards in this set

Card 2

Front

• The application of unlawful physical force to another person. • Application + Force = AR of Battery

Back

The Actus Reus of Battery is.....

Card 3

Front

• Intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.

Back

Preview of the back of card 3

Card 4

Front

• Cole v Turner- Force can be the slightest touching.

Back

Preview of the back of card 4

Card 5

Front

Thomas: • Defendant touched the bottom of the victim’s skirt and rubbed it. It was held that you touch a person’s clothes while he or she is wearing them, that is equivalent to touching him or her and therefore the defendant was found guilty.

Back

Preview of the back of card 5
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