BATTERY s39 CJA mindmap Law 03

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  • Created by: abic1
  • Created on: 23-02-18 20:55
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  • BATTERY
    • S39 Criminal Justice Act 1988
    • intentionally or recklessly apply unlawful physical force
    • actus reus: application of unlawful physical force
      • Force
        • slightest touch would suffice: COLE v TURNER
        • touching of clothes = battery THOMAS
      • Indirectly
        • can be committed indirectly MARTIN
        • can be committed indirectly by transferred malice HAYSTEAD
      • Omissions
        • can be by omission if defendant is under duty to act  SANTANA
      • when acting in self defence can be a  battery COLLINS v WILLCOCK
    • mens rea: intentionally or recklessly commit the actus reus VENNA
      • Intention
        • defendant's main aim was to bring about the consequence MOHAN
      • Recklessly
        • defendant sees a risk of consequence but takes it anyway CUNNINGHAM
      • Transferred Malice
        • if the mens rea marries up with the actus reus of offence it can be transferred between people LATIMER

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