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Non-fatal Offences: Battery (AR: The act (:red_flag: Wilson v Pringle…
Non-fatal Offences: Battery
S.39 CJA 1988
AR:
application of unlawful force to another person
MR:
either intentionally or recklessly as to applying force
AR: The act
:red_flag: Collins v Wilcock
touching someone with excessive force equates battery
:red_flag: Wood (Fraser) v DPP
D was entitled to struggle as officer grabbed him to detain, not arrest, as therefore committed battery
:red_flag: R v Thomas
battery can apply to clothing
:red_flag: Fagan v MPC
battery can be a continuing act
:red_flag: Martin
battery can happen indirectly
battery can be committed indirectly
:red_flag: DPP v K
:red_flag: Haystead v CC Derbyshire
:red_flag: DPP v Santa-Bermudez
battery can be carried out through an omission
the force applied must be unlawful
if V gives genuine consent, then the force is not unlawful
:red_flag: R v Slingsby
consent must be real
:red_flag: R v Tabassum
:red_flag: Wilson v Pringle
implied consent exists in a variety of situations (hand shakes, back slapping, tapping to gain attention)
ordinary jostling of everyday life would not constitute a battery
provided no more force is used than in reasonably necessary in the circumstances
if its self defence or prevention of crime, it is lawful for unwanted touching
MR: Recklessness
:red_flag: DPP v Majewski (only for intoxication)
:red_flag: R v Parmenter
:red_flag: R v Cunningham
Maximum Sentence
Summary offence
6 months imprisonment
and/or fine proportionate to income
up to £5,000
MR: Intention
:red_flag: R v Mohan (Direct)
:red_flag: R v Woollin (Oblique)