The defendant appealed his conviction for escaping from lawful custody. He had been arrested, but then taken to and left at a local hospital. No officer stayed with him, and he later left and went home.
Held: His appeal succeeded. All the necessary elements of the offence had to be established. This included that the defendant believed himself to be in custody at the time. The judge’s direction did not have sufficient clarity as to the need for continuity of custody.
Citations:
Times 29-Nov-2005
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Timmis CACD 1976
The defendant had been stopped as a result of erratic driving and breathalysed. The test proving positive, the defendant was told that we would be taken in custody to a police station and he was placed in a police car. He was then left alone for . .
Cited – H v Director of Public Prosecutions CACD 2003
. .
Cited – E v Director of Public Prosecutions CACD 2002
. .
Cited – Dillon v The Queen PC 25-Jan-1982
(Jamaica) The appellant police officer had been convicted that by his negligence he had allowed two prisoners to escape from custody. Given doubt that they were in fact lawfully in custody he argued that there was an onus on the prosecution to . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 07 May 2022; Ref: scu.236327