‘whether on a charge, under s38 of the Offences Against the Person Act 1861, of assault with intent to resist lawful apprehension for failing a roadside breathalyser test, it is a defence that the defendant honestly believed that he had not failed the test. Put another way, and more widely, does the mens rea for assault with intent to resist lawful apprehension include an absence of honest belief in the defendant that the arrest was lawful?’
Citations:
[2000] EWCA Crim 53
Links:
Jurisdiction:
England and Wales
Crime
Updated: 04 October 2022; Ref: scu.158703
