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Base Crimes for UAM (Battery (AR (Application of unlawful force
can…
Base Crimes for UAM
Battery
AR
Application of unlawful force
- can include any touching that V hasn't consented to
- must be more than everyday contact (Collins v Wilcock)
- Can be direct or indirect force (Haystead)
MR
Intention or recklessness as to applying unlawful force
- must be D's direct aim or purpose (Mohan)
- or D must realise the risk and go ahead anyway (Cunningham)
Assault
AR
D caused V to apprehend violence
- by words (Constanza) or actions (Ireland)
- If V doesn't apprehend it isn't an assault (Lamb)
- no need to prove violence, just that the V believed (Ramos)
- Immediate can be instant or immediate future (Smith v CS woking police; Constanza)
MR
Intention or recklessness as to causing V to apprehend immediate and unlawful violence
- must be the D's aim and purpose (Mohan)
- or must realise the risk and go ahead anyway (Cunningham)
Criminal Damage
AR
- damage and destruction of property belonging to another
MR
- intention or recklessness as to damage property (realise and take it anyway)
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