The defendant appealed by way of case stated against her conviction for assaulting a police officer in the execution of his duty. Her son was arrested in the early hours of the morning from her house. She followed him outside and sat in the police car alongside him and refused to get out. When a second car arrived, she did get out but an officer then took hold of her as she returned to her house. She bit the officer. The officer said a breach of the peace had occurred.
Held: There was no evidence that the defendant’s behaviour involved any threat of violence before she was arrested. At the mid point of the trial, the issues were not clear, and the magistrates were correct not to dispose of the case on the basis that there was no case to answer. Nevertheless, the arrest itself was unlawful. The conviction for assault was quashed.
Judges:
Newman J
Citations:
[2005] EWCA 3046 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Moran v Director of Public Prosecutions Admn 30-Jan-2002
The appellant had requested the magistrates to state a case as to why they had ruled against his submission that he had no case to answer. The established rule is that they do not have to give such reasons. He argued that the new Human Rights duties . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 18 July 2022; Ref: scu.238167
