BATTERY Flashcards

(7 cards)

1
Q

acteus reus of battery?

A

applying unlawful force to another

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2
Q

mens rea of battery?

A

intetionally or recklessly applying force to another

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3
Q

Whats the case for force (battery)?

A

R v Thomas- A force can be the lightest touch and touching clothing is the same as touching a person

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4
Q

Whats the case for a force being hostile?

A

Wilson v Pringle- a force must be hostile (unwanted or aggressive) and beyond the ordinary jostlings of life

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5
Q

Fagan v MPC

A

Force can be applied via a continuing act

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6
Q

DPP v K

A

Force can be applied indirectly via an object

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7
Q

DPP v Santana Bermudez

A

Force can be applied by an omission but only where D has a duty to act and fails to preform that duty

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