Law - Non Fatals - Battery

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1. What happened in Colins v Wilcock 1984?

  • Officer took hold of her arm to prevent her from leaving. She became abusive and stratched the officers arm. Not guilty. Officer did battery, she used self defence
  • D put an iron bar across an exit and shouted fire
  • Normal jostling of everyday life caused a battery
  • Slightest touch without the V's permission will suffice for a battery
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2. What happened in Martin 1881?

  • D punched a woman in the face causing her baby to fall out of her arms. Wouldn't have dropped the baby if he didn't punch her.
  • Slightest touch without the V's permission will suffice for a battery
  • D put an iron bar across the exit of a theatre and shouted fire.
  • Officer took hold of her arm to prevent her from leaving. She became abusive and stratched the officers arm. Not guilty. Officer did battery, she used self defence

3. AR of Battery

  • D unlawfully or maliciously wounds or causes GBH
  • D applies unlawful physical force to another
  • Assault/battery causes some harm
  • D causes the V to apprehend immediate unlawful violence

4. What happened in Haystead 2000?

  • Officer took hold of her arm to prevent her from leaving. She became abusive and stratched the officers arm. Not guilty. Officer did battery, she used self defence
  • D punched a woman in the face causing her baby to fall out of her arms. Wouldn't have dropped the baby if he didn't punch her.
  • Slightest touch without the V's permission will suffice for a battery
  • Didn't tell the officer that he had needles in his pocket, she was injured by one.

5. What does 'Force' mean?

  • Does not have to mean force, a touch would suffice.
  • It is inflicted immediately

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