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6 Cards in this Set
- Front
- Back
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What is the actus reus of Battery?
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the infliction of unlawful personal violence
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What is the mens rea of Battery?
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intention or subjective recklessness as to inflicting unlawful personal violence
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What was held in Fagan v Metropolitan Police Commissioner?
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it was held there was a continuing act, not a mere omission, from when the D acidentally drove on the PC's foot and then intentionally failed to move
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What was held in Thomas?
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touching the woman's skirt was eqivalent to touching the woman herself
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What must the D actually forsee?
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the risk of causing apprehension of violence or the application
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What is the maximum sentence for Battery s39?
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6 months or £5000 fine
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