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Non-fatal Offences
Evalutation
Battery
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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