Battery

Description

Key cases on the law of Battery
Yasmine King
Flashcards by Yasmine King, updated more than 1 year ago
Yasmine King
Created by Yasmine King almost 7 years ago
15
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Resource summary

Question Answer
R v Thomas (case facts) A school care taker touched a 12 year old girls's skirt
R v Thomas (legal principle) Touching clothes is equivalent to touching him. The lightest touch will be sufficient
Wilson v Pringle (case facts) D grabbed the bag of another boy causing V to fall over
Wilson v Pringle (legal principle) Battery the contact must be proved to be hostile
Fagan v MPC (case facts) D parked on a pc's foot. Initially it was an accident. When asked to move he refused
Fagan v MPC (legal principle) Force can be applied via a continuing act
DPP v K (case facts) D poured sulphuric acid into a hand dryer, another boy then used the hand dryer and was hit in the face with acid
DPP v K (legal principle) Force can be applied indirectly eg via an object
DPP v Santana- Bermudez (case facts) D allowed a PC to search his pockets knowing he had needless in his pockets
DPP v Santana- Bermudez (legal principle) Force can even be applied by an omission but only where D has a duty to act and fails to perform that duty
R v Mohan Intention is where the defendant aims to apply unlawful force
R v Cunningham Recklessness is where a D realises the risk of applying unlawful force and carries on regardless
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