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Paper 1 Section b
Non-fatal offences
Battery
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Cards (6)
What is Battery charged under?
S.39
Criminal Justice Act
1988
What is the Actus reus of battery?
Application
of
unlawful
force to another.
What does 'unlawful' mean? + case
Force can be
slight
/
minimal
Thomas
What does 'application' mean? + case
There is no requirement that the force must be
directly
inflicted
DDP v K
What is the mens rea for Battery? + case
Intent - D must intend to
apply
the
force
Subjective recklessness - D must foresee the risk of
unlawful
force
being
applied
to another
Savage
What to look out for battery questions?
Punch, Touch,
Push
,
shove
, nudge,
trip
, slap