Battery

Description

A - Level Law (Non Fatal Offences ) Mind Map on Battery, created by Yasmine King on 14/05/2017.
Yasmine King
Mind Map by Yasmine King, updated more than 1 year ago
Yasmine King
Created by Yasmine King over 7 years ago
102
1

Resource summary

Battery
  1. Actus Reus- Applying unlawful force on/to another person
    1. R v Thomas
      1. Ackner J, Touching clothes is equivalent to touching him. The lightest touch will be sufficient
      2. Wilson v Pringle
        1. It was decided that for a battery the contact must be proved to be hostile
        2. Fagan v MPC
          1. Force can be applied e.g via a continuing act
          2. DPP v K
            1. Force can be applied indirectly e.g via an object
            2. DPP v Santana- Bermudez
              1. Force can even be applied by an omission but only where D has a duty to act and fails to perform that duty
            3. Mens Rea- Either intention or recklessness to apply unlawful force on/ to another person
              1. R v Mohan
                1. Intention is where a D aims to apply unlawful force
                2. R v Cunningham
                  1. Recklessness is where a D realises the rick of applying unlawful force and carries on regardless
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