TTTP- battery definition - 2 quick questions Watch

ell-
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#1
Report Thread starter 5 years ago
#1
Hey guys just a few questions

First of all the definition my uni goes by is "direct, intentional unlawful touching of the C by the D without consent or other lawful justification"

For some reason, regarding the directness area my uni included 'Fagan v MPC' on the lecture slide- I know this case but have no idea how this relates to directness

Also, can recklessness constitute a battery?


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Cutmeloose
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#2
Report 5 years ago
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The direct point is not really important. It just need to be the intentional application of force/or touching.

Fagan v MPC is about the coincidence of the mens rea and actus reus. The 'battery' (actus reus was consistent throughout) however the mens rea was only formed when Fagan omitted to remove the vehicle from the officer's foot when asked. That's what constituted the unlawful battery.

I think it can ( R v Parmenter) and also R v Heard where the defendant rubbed his penis on a police officer whilst heavily intoxicated (don't think this was classified as battery though)
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Report 5 years ago
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I think the main case on 'directness' is DPP v K, which shows that the force need not be applied directly.

Your university's definition of battery is clearly incorrect, though, since it says only 'intentional' touching, and battery can be committed recklessly (see Venna and no doubt many other cases).
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Purpular
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#4
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Fagan relates to directness because D touches the police officer with the tyre of his car rather than directly. Another one is K (a minor) where acid hidden in a hand drier is assault even though the force is applied indirectly.


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