Assault on, wilful obstruction of, officer in the execution of his duty Flashcards
What is assault on, wilful obstruction of, an officer in the execution of his duty
It is na offence to assault an officer in the execution of his duty
What does it mean to be in the execution of his duty
If an officer is not acting within the scope of his duty, a resulting assault on that officer will not be a criminal offence
What happened in the case of Kenlin v Gardiner
there could be no conviction of a 14 year old boy for hitting a police officer in self-defence to escape unlawful detention by a police officer, when the officer grabbed him by the arm to prevent him from running away. At the time the officer was not exercising his duty, the officer had no power to detain.
What happened in the case of Donnelly v Jackman
it was ruled that tapping a suspect on the shoulder to get their attention is within the execution of an officer’s duty. It was held that where police make minimal physical contract in order to get attention, this will not fall outside his or her duty.
What happened in the case of Bentley v Brudzinski
putting his hand on the suspect’s shoulder and held it there was held to amount to more than minimal contact to get attention.
Which case held that it is no defence to say that you were unaware that you were mugging a plain clothed police officer to a conviction for assaulting a police officer in the execution of his duty
forbes
What did Rice v Connolly hold that obstruction is
obstruction is not refusing to answer questions. Lord Parker held that ‘it is my view clear that ‘obstruct’ under S 51(3) of the Police Act 1964 is the doing of any act which makes it more difficult for police to carry out their duty’, however it was held ‘though every citizen has a moral duty or, if you like, a social duty to assist the police,
Which case held that drinking more whiskey to cover up drink-driving offence was an obstruction
Dibble v Ingleton
Which case held it would be a lawful obstruction to disobey police in saving life or limb, even when that order required breaking the law
Johnson v Phillips (drive wrong way down the street)
What was the obstruction ins Lewis v Cox
continually opening a police van’s door to talk to an arrested friend was an obstruction, despite no intent to obstruct.
What was the obstruction in Sekfali v DPP
it was ruled an obstruction to run away from questioning despite no physical contract. So although you have no legal duty to answer questions, unlike in Rice, the youths had ran away making the job more difficult.
