BATTERY

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Created by
Isha

Cards (6)

  • Actus reus: The application of unlawful personal violence on another
  • Mens Rea: An intention to apply unlawful personal violence to another or subjective recklessness as to the risk of doing so
  • Examples: Pushing, pulling, slapping, pinching, scratching
  • THOMAS (1985) - School care taker took hold of a girls skirt. Touching clothing is the same as touching the person so would amount to battery
  • DPP v K (1900) - Defendant put acid in hand drier so the next person to use it was sprayed with acid. An indirect action can be the actus reus of battery.
  • COLLINS v WILCOCK (1984) - A police officer held a woman's arm to prevent her walking away. Any touching may be a battery, and always is if there was physical restraint.