Battery

Question 1

What law does it come from?

Answer 1

Common law and s39 Criminal Justice Act 1988

Question 2

Definition

Answer 2

Intentionally or recklessly applying unlawful force

Question 3

Actus reus

Answer 3

Application of unlawful force
Slightest touch in anger (Cole v Turner)
V didn’t consent (Collins v Wilcock)
Can be indirect (R v Haystead)

Question 4

Mens rea

Answer 4

Intention or recklessness to apply unlawful force (R v Savage)
Intention (Mohan)
Recklessness (Cunningham)
Transferred malice (Latimer/Mitchell/Pembilton)
Coincidence rule (Fagen/Thabo Meli)