battery
Cards (9)
- battery is confirmed in s39 Criminal Justice Act 1988
- actus reus of battery: the application of unlawful force on another
- no harm is required to equate to battery
- Collins V Wilcock:
- some contact is inevitable in everyday life eg train
- unlawful contact eg slapping, grabbing
- unlawful contact is unwanted contact
- R v Thomas: clothes can be an extension of a person and so this can equate to battery
- DPP V Santa Bermudez : battery can be through an omission
- R v Haystead : contact can be both direct and indirect
- mens rea for battery: intention or recklessness as to the application of unlawful force