Non-Fatal Offences Against the Person (OCR A-Level Law): Quizzes

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Common Assault – Battery
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In which court is battery tried?

Magistrates' Court only

What is the maximum sentence for battery under s39 Criminal Justice Act 1988?

Six months' imprisonment

Can battery be committed indirectly without the defendant personally touching the victim?

Yes, by setting events in motion

Which principle makes everyday social contact like handshakes lawful?

Implied consent

Does the force in battery need to be hostile or aggressive?

No, any touching suffices

What type of recklessness is required for battery?

Subjective - actually appreciated risk

What are the two mental states that satisfy the mens rea for battery?

Intention or recklessness

What makes force 'unlawful' in battery?

Lack of legal justification

When battery causes ABH, what does the offence become?

S47 offence, max 5 years

Which case established that battery is intentional or reckless application of unlawful force?

R v Ireland (1997)

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