Non fatals- Battery Flashcards Preview

A Level Law > Non fatals- Battery > Flashcards

Flashcards in Non fatals- Battery Deck (11)
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1

AR of battery

Application of unlawful force on V

2

MR of battery

Intentionally or subjectively recklessly causing the AR

3

Where’s the law on battery defined

Common law

4

The act which D is charged under

S39 criminal justice act

5

Category of offence

Summary

6

Maximum sentencing

6 month and £5000 fine

7

Collins and wilcock

Police women got hold of women’s arm to stop her walking away, the women scratched officer, conviction quashed the officers actopn was battery so v acted in self defence. Unlawful force can include slightest touching

8

DPPv K

School boy put acid in hand dryer when someone used it the acid went in face. Application of force doesn’t need to be directly applied, convicted under Caldwell recklessness. Touching can be indirect

9

DPP v Santana Bermudez

D allowed officer to search him without telling him he had a Needle in his pocket, injuring the officer. AR complete battery can be committed via omission

10

R V Day

D slashed Vs clothes with knife. It’s an assault to inflict any injury to clothes on a mans back. D doesn’t actually have to touch the person

11

R v Lynsey

Spat in officers face after shoplifting guilty battery includes assault develops application