It was not a requirement on a charge of assault with intent to resist arrest, to establish that the defendant’s believed that the arrest was unlawful. The mens rea required to be established was that the defendant knew he was being arrested. A belief that the arrest was unlawful did not justify resisting the arrest.
Citations:
Times 24-Oct-2000
Statutes:
Offences against the Person Act 1861 38
Crime
Updated: 09 April 2022; Ref: scu.85355
