Hey there! Sign in to join this conversationNew here? Join for free

I need help with battery! Watch

Announcements
    • Thread Starter
    Offline

    4
    ReputationRep:
    I just want to ask one quick quetsion because I'm getting slightly confused.

    I know for the actus reus you have to show a battery: infliction, force, unlawful.

    For the mens rea, I know you have to either show intention to recklessness. Now I keep getting confused on this. In my scenario, D shoved V which resulted to V faling down and spraining his ankle. For the mens rea do I need to show that D had intention/recklessness to shove V, not intention/recklessness to cause V injury? If you get what I mean?
    Offline

    19
    ReputationRep:
    (Original post by ********)
    I just want to ask one quick quetsion because I'm getting slightly confused.

    I know for the actus reus you have to show a battery: infliction, force, unlawful.

    For the mens rea, I know you have to either show intention to recklessness. Now I keep getting confused on this. In my scenario, D shoved V which resulted to V faling down and spraining his ankle. For the mens rea do I need to show that D had intention/recklessness to shove V, not intention/recklessness to cause V injury? If you get what I mean?
    Are you asking for the mens rea of assault occasioning actual bodily harm? Presumably this is what the facts above would be charged as. If so, it's the same as the mens rea of assault - R v Savage, DPP v Parmenter.

    If you're asking what the mens rea of battery is then you already have it, it's intention or recklessness as to whether some force was applied - DPP v Venna.
    Offline

    0
    ReputationRep:
    (Original post by ********)
    I just want to ask one quick quetsion because I'm getting slightly confused.

    I know for the actus reus you have to show a battery: infliction, force, unlawful.

    For the mens rea, I know you have to either show intention to recklessness. Now I keep getting confused on this. In my scenario, D shoved V which resulted to V faling down and spraining his ankle. For the mens rea do I need to show that D had intention/recklessness to shove V, not intention/recklessness to cause V injury? If you get what I mean?
    intent Or recklessness. intention - did D do what he intended. indirect intention? R v Woolin - the facts are simple. a man through his baby to the pram and it hit the wall, and died. indirect intent? yes. he, it was found, intended to cause serious harm.

    recklessness - cunningham, r v g 2003. did D forsee a risk (and go ahead anyway).
    Offline

    2
    ReputationRep:
    (Original post by Albert Camus)
    intent Or recklessness. intention - did D do what he intended. indirect intention? R v Woolin - the facts are simple. a man through his baby to the pram and it hit the wall, and died. indirect intent? yes. he, it was found, intended to cause serious harm.

    recklessness - cunningham, r v g 2003. did D forsee a risk (and go ahead anyway).
    I think this oversimplifies oblique intent. The consequence needs to be a virtually certain result and the D must foresee it as virtually certain. The facts are straightforward, the legal reasoning isn't.

    Posted from TSR Mobile
    Offline

    0
    ReputationRep:
    (Original post by jjarvis)
    I think this oversimplifies oblique intent. The consequence needs to be a virtually certain result and the D must foresee it as virtually certain. The facts are straightforward, the legal reasoning isn't.

    Posted from TSR Mobile
    sorry Mr. jarvis.

    what i ment to say, you've said lol.

    thankyou.
    Offline

    0
    ReputationRep:
    I know you may of already done this answer .. But check whether if there is oblique intent If so then use foresight of consequences it is a two part test: Is the outcome a virtual certainty and did the defendant see that the outcome is a virtual certainty and use the case if Woollin .. If it is a murder case then use Moloney as well as foresight of consequences only shep evidence of intention but ONLY use Moloney if it is a murder case .. Also if this a A2 question .. Suggest defences in which he can use


    Posted from TSR Mobile
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Will you be richer or poorer than your parents?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.