||All England Reporter
|| All ER (D) 37 (Nov)
Kennedy LJ and Royce J
||John Lofthouse (instructed by Warner Goodman & Street, Portsmouth) for the defendant.
||Peter Fortune (instructed by the Crown Prosecution Service, Portsmouth) for the prosecution.
||4 November 2003
Criminal law - Assault on police officer in the execution of duty - Execution of duty - Report of missing child - Officer finding child and taking hold of elbow when assaulted - Validity of conviction for assault on police officer in the execution of duty - s 89(1).
In all the circumstances, a police officer was not acting in the execution of his duty when he had taken hold of the elbow of a child who had been reported missing by her father without explaining to her that he had spoken to her father, that her father wanted her to come home and that he proposed to take her home.
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