OCR law - battery

    Cards (7)

    • what is battery?
      the application of unlawful force to another person, intending either to apply unlawful physical force to another or being reckless as to whether unlawful force is applied
    • AR of battery
      application of unlawful force to another person.
      force is a misleading word, as it can include:
      the slightest touching- collins v wilcock
      touching a victims clothing- r v thomas
      wood v DPP
    • Continuing act
      battery may be committed through a continuing act
      Fagan v metropolitan police commissioner
    • indirect act
      battery can also be committed through an indirect act
      DPP v k
    • omission
      omission is rare
      DPP v santa-bermudez
    • battery without an assault
      can be battery without assault
      can occur when the v is unaware that unlawful force is about to be used on them
    • MR of battery
      either:
      an intention to apply unlawful physical force to another
      or
      subjective recklessness as to whether unlawful force is applied
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