battery

• what is the actus reus of battery?

  Where the D inflicts unlawful personal violence onto the victim
• what legislation governs what battery is?

  Section 39 of the criminal justice act 1988 and common law
• what is the significance of the case of dpp v K?

  it is an example of an indirect battery
• what is the significance of the case of dpp v santana burmudez?


  It is an example of a battery via an omission
• what is the significance of the case of r v thomas?

  It shows that touching clothing can ammount to the actus reus of battery
• what is the significance of the case of collins v wilcock?

  It shows that mere touching is enough to ammount to the actus reus of battery
• what is the men's rea of battery?

  Where the D intents to inflict unlawful violence onto the V or they are subjectively reckless.
• what does it mean, in terms of battery, that the defendant was subjectively reckless?

  The D recognised the risk, given thought to the fact that they may inflict violence onto the V and took the risk regardless.