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3 Cards in this Set

  • Front
  • Back

introduction

conduct by D which intentionally or recklessy inflicts unlawful personal violence against V


common law offence charged under s39 CJA 1988 and maximum 6 months, £5000 or community sentence

point 1

actus reus 'application of unlawful force to another person'


any unlawful contact with another of omission


Collins v Wilcock, touching arm


R v Thomas, touching clothing


battery may be a continuing act Fagan v Metropolitan Police Commissioner


can be an indirect act


DPP v K, acid in dryer


Haystead v CC of Derbyshire, punched mother who dropped child


omission where D is under a duty to act


where D created a dangerous situation DPP v Santana Bermudez


if V gives consent, force is used in self defence, preventing crime, may be reasonable

point 2

mens rea


as for assault