Battery

Question 1

Charged under

Answer 1

s39 Criminal Justice Act 1988

Question 2

Definition

Answer 2

“Intention or recklessness to apply unlawful force”

Question 3

Maximum sentence

Answer 3

6 months in prison
£5000 fine

Question 4

AR (1/3) Force
(2 cases)

Answer 4

Only force is required.
(Cole v Turner) “deliberate touching beyond the bounds of everyday conduct”
(R v Thomas) - touching clothing

Question 5

AR (2/3) Application
(case)

Answer 5

Can occur immediately or as a continuing act
(Fagan v MPC) - driving on the foot and staying there is a continuing act

Question 6

AR (3/3) Intention
(case)

Answer 6

The outcome can either be one the defendant desired or not. Then you must prove virtual certainty.
(DPP v K) - chemicals in the hand dryer