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Criminal Law
Assault and Battery
Battery
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Created by
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Cards (8)
Charged under
s39
Criminal
Justice Act
1988
Defined as applying
unlawful
force to the
victim.
Actus Reus
The actus reus of battery is the act of applying
unlawful
force -
no
injury is required.
Actus Reus
This can be by the
slightest touching
(
Collins
and
Wilcock
)
Actus Reus
Force can be
indirect
(
Haystead
), act can be
indirect
(
DPP
v
K
)
Actus Reus
An
omission
is
sufficient
for
actus reus
(
DPP
v Santa
Bermudez
)
Mens Rea
The defendant must either
intend
(
Mohan
) or be subjectively
reckless
(
Cunningham
) as to
applying
force on the victim.
Causation
rules apply.