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Non-fatal offences
Battery
AR - Battery
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Created by
Liam
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Cards (14)
What are the three elements of the actus reus of battery?
Application
,
Unlawful
,
Physical force
What is the 'application' element of the actus reus of battery?
The 'application' can be
indirect
it need not be
direct
What is a case for 'application'?
DPP v K
What is the 'unlawful' element of the actus reus of battery?
Where there's
no defence
OR there is
implied consent
What is the case for implied consent for battery?
Collins v Willcock
What is implied consent for battery?
In some situations there is an implied consent to
'touch'
as long as the force is
no more than necessary
What are examples in Collins v Wilcock where force is lawful and would not amount to a battery?
Lawful arrest
,
self-defence
,
ordinary physical contacts of everyday life
,
Tapping another
What is the 'physical force' element of the actus reus of battery?
The
slightest touching
will amount to a battery
What case states that the slightest touching will amount to a battery?
Collins v Wilcock
What is the actus reus of battery?
The application of unlawful physical force
What does Collins v Wilcock tell us about Battery?
The
slightest touch
can
amount to a battery
and in some situations there may be
implied consent
to
'touch'
What case tells us that touching a person's clothing whilst they're wearing it is a battery?
Thomas
What case tells us that a battery does not need to be direct?
DPP v K
What does the case of "DPP v K" tell us about an application for battery?
It need not to be
direct