Section 39 Criminal Justice Act 1988: Battery
Battery
The maximum sentence for a battery is six months in prison or a £5000 fine as it is only a summary offence. The victim does not have to suffer any pain or injury for it to qualify as a battery.
Actus Reus: The defendant unlawfully applies force to the victim, this doesn't result in injury or pain.
Thomas: Held touching the skirt of the victime was the same as touching the person and therefore a battery.
Haystead: Held the defendant unlawfully applied direct force to the mother and indirect force to the baby that was dropped.
Mens Rea: Defendant intentionally or recklessly unlawfully applies force to the victim.
DPP v K: Held the defendant was reckless as he foresaw the risk that putting the acid in the hand dryer he would unlawfully apply force to another.
The maximum sentence for a battery is six months in prison or a £5000 fine as it is only a summary offence. The victim does not have to suffer any pain or injury for it to qualify as a battery.
Actus Reus: The defendant unlawfully applies force to the victim, this doesn't result in injury or pain.
Thomas: Held touching the skirt of the victime was the same as touching the person and therefore a battery.
Haystead: Held the defendant unlawfully applied direct force to the mother and indirect force to the baby that was dropped.
Mens Rea: Defendant intentionally or recklessly unlawfully applies force to the victim.
DPP v K: Held the defendant was reckless as he foresaw the risk that putting the acid in the hand dryer he would unlawfully apply force to another.
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