Battery

Question 1

Battery Act

Answer 1

s.39 of the Criminal Justice act 1988

Question 2

Actus reus

Answer 2

The application of unlawful physical force

Question 3

Unlawful

Answer 3

there is no implied consent

Question 4

Physical force

Answer 4

can be merely touching

Question 5

Application

Answer 5

The application of force can be indirect (DPP v K)

Question 6

Factual causation

Answer 6

‘but for’ the D’s actions the V would not have suffered a battery

Question 7

Legal causation

Answer 7

The D must be the operating and substantial cause meaning that there are no intervening acts which break the chain of causation

Question 8

mens rea

Answer 8

the d has intention or recklessness as to committing a battery