Battery

disco.monkey
Flashcards by disco.monkey, updated more than 1 year ago
disco.monkey
Created by disco.monkey over 7 years ago
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What is a Battery? The application of unlawful force upon another.
Which case is used to illustrate Battery? Ireland; Burstow [1997]
What was the decision in the case of 'Collins v. Wilcock'[1984] 'any touching of another, however slight, may amount to battery'
Batteries which result in small scratches, grazes or other injury will fall under? 'Assault by beating' under S.39 of the Criminal Justice Act 1988
In what circumstances may 'unwanted touching' be allowed? Police Officers using reasonable force to carry out their duties.
Can battery be indirect? Yes
Which case shows this? R v. Martin [1881]
What is the principle of the case of 'DPP v. K [1990]' Battery can be committed through an indirect act
Can transfer of malice apply to a Battery? Yes
Which case shows this? 'Haystead v. Chief Constable of Derbyshire [2000]'
What is the Mens Rea of Battery? The intention to apply force to another or the reckless application of force.
Which case shows the Mens Rea to Battery? 'Venna [1976]'
Which case illustrates transfer of Malice for Battery? 'R v. Latimer [1886]'
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