Battery

Cards (6)

  • There is no definition within the act
    The Criminal Justice Act 1988, s.39, has no definition for the crime of battery
  • However,
    Case law does define the law, Collins v Wilcock, Cole v Turner, Fagan v MPC
  • Force?

    Force required for battery can be too minor or trivial
  • However,
    Collins v Wilcock defines "normal social contact" to not be battery
  • The max sentencing between Battery and ABH
    Battery- Max 6 months
    ABH- Max 5 years
    Actus reus may not be that different
  • However,
    It is simply a maximum and judges have discretion, there is also the possibility to appeal