Battery and section 39

Overview

Recall questions on charging assault and battery under section 39 of the Criminal Justice Act 1988, the application of unlawful force, battery by an indirect act, a continuing act or an omission, and the mens rea of battery.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Under which statutory provision are assault and battery charged?

   Model answer

   Section 39 of the Criminal Justice Act 1988.

2. 2

   State the legal definition of battery.

   Model answer

   The application of unlawful force to another person.

3. 3

   What does the actus reus of battery require regarding the degree of force applied?

   Model answer

   The application of unlawful physical force to another, however slight.

4. 4

   Why must the force in battery be 'unlawful'?

   Model answer

   Because lawful force (e.g. consented contact or lawful arrest) does not satisfy the actus reus of battery.

5. 5

   What element of the actus reus of battery relates to physical interaction with the victim?

   Model answer

   There must be contact with the victim (direct or indirect touching).

6. 6

   Give an example of how battery can be committed through an indirect act.

   Model answer

   Setting a trap that causes force to be applied to the victim, or using an object or animal to strike them.

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