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Battery - Coggle Diagram
Battery
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Mens rea (Basic Intent)
The intention or recklessness as to the application of unlawful force, as confirmed in R v Venna (1976).
The test for recklessness is subjective so the defendant must realise that there is a risk that his act (or omission) could cause unlawful force to be applied to another.
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Common Assault, contrary to Section 39 of the Criminal Justice Act 1988
An offence of common assault is committed when a person assaults another person and commits a battery.
As stated in s.39 of the Criminal Justice Act 1988, battery is a summary offence punishable with up to six months’ imprisonment or a fine, it is left to the common law to define the offence.