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CRIMINAL LAW
BATTERY
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Created by
Erin Plunkett
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Cards (5)
Battery is defined as the
application
of
unlawful force
to another with intent or
recklessness
in causing the victim to apprehend
unlawful violence.
Collins
v
Wilcock
states that battery can be as little as the
'slightest touch'.
Force must be
unlawful
but it can be
indirect
, as seen in
DPP
v
K
Application of force must be to another person, R v
Thomas
states this can be to somebodies
clothing
too.
Battery has the mens rea of
assault
, with
intention
or
recklessness
(
Mohan
and
Cunningham
)