Common Assault – Battery (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Battery definition (R v Ireland 1997)
Battery definition (R v Ireland 1997)
Intentional or reckless application of unlawful force
Battery classification and max sentence
Battery classification and max sentence
Summary offence, 6 months imprisonment (s39 CJA 1988)
DPP v K (1990) principle
DPP v K (1990) principle
Battery can be committed indirectly, not just direct contact
Collins v Wilcock (1984) principle
Collins v Wilcock (1984) principle
Implied consent for everyday social contact (jostling, handshakes)
Faulkner v Talbot (1981) principle
Faulkner v Talbot (1981) principle
Any unwanted touching can be battery, even if not hostile
Mens rea for battery
Mens rea for battery
Intention to apply force OR recklessness as to whether applied
R v Parmenter (1991) - recklessness requirement
R v Parmenter (1991) - recklessness requirement
Defendant must have actually appreciated the risk (subjective)
Three components of battery actus reus
Three components of battery actus reus
Application of force, unlawful, physical force
DPP v K (1990) facts
DPP v K (1990) facts
Schoolboy put acid in hand dryer, injured another pupil using it
Battery causing ABH becomes
Battery causing ABH becomes
S47 OAPA 1861, triable-either-way, max 5 years imprisonment