Battery (AQA A-Level Law): Flashcards

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Battery
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Type of offence - battery

Common law offence

Battery trial classification

Summary offence (Magistrates' Court only)

Maximum sentence for battery

6 months' imprisonment (s39 CJA 1988)

Definition of battery (R v Ireland)

Intentional/reckless application of unlawful force on victim

Three actus reus elements of battery

Application, unlawful, physical force

DPP v K (1990) principle

Battery can be committed by indirect force

Faulkner v Talbot (1981) principle

Any touching suffices; need not be hostile

Collins v Wilcock (1984) principle

Implied consent to everyday contact (jostling, handshakes)

Mens rea for battery

Intention or subjective recklessness

R v Parmenter (1991) principle

Subjective recklessness: D must actually foresee risk

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