686228
Description
Flashcards by disco.monkey, updated more than 1 year ago
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Created by disco.monkey
over 10 years ago
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| Question | Answer |
| What is a Battery? | The application of unlawful force upon another. |
| Which case is used to illustrate Battery? | Ireland; Burstow [1997] |
| What was the decision in the case of 'Collins v. Wilcock'[1984] | 'any touching of another, however slight, may amount to battery' |
| Batteries which result in small scratches, grazes or other injury will fall under? | 'Assault by beating' under S.39 of the Criminal Justice Act 1988 |
| In what circumstances may 'unwanted touching' be allowed? | Police Officers using reasonable force to carry out their duties. |
| Can battery be indirect? | Yes |
| Which case shows this? | R v. Martin [1881] |
| What is the principle of the case of 'DPP v. K [1990]' | Battery can be committed through an indirect act |
| Can transfer of malice apply to a Battery? | Yes |
| Which case shows this? | 'Haystead v. Chief Constable of Derbyshire [2000]' |
| What is the Mens Rea of Battery? | The intention to apply force to another or the reckless application of force. |
| Which case shows the Mens Rea to Battery? | 'Venna [1976]' |
| Which case illustrates transfer of Malice for Battery? | 'R v. Latimer [1886]' |
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