Source: All England Reporter
Publisher Citation: [2002] All ER (D) 525 (Jul)
Court: Administrative Court

Harrison J

Representation John Lofthouse (instructed by Stokes, Portsmouth) for the appellant.
  Sheila Taurah (instructed by the Crown Prosecution Service, Portsmouth) for the prosecution.
Judgment Dates: 31 July 2002


Police - Assault on police officer in execution of duty - Assault - Appellant charged with assaulting police officer - Justices of opinion appellant's contact with police sergeant's shin unintentional - Justices finding contact reckless result of appellant's general behaviour - Justices convicting appellant - Whether evidence on which justices could convict.

The Case

Justices had erred in finding that there was evidence on which they could find that the appellant, who had been charged with assaulting an officer in the execution of his duty, had been reckless as to whether she caused harm to him by kicking his shin since there was no finding of fact relating to the actual foresight of risk of harm.

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