Source: All England Reporter
Publisher Citation: [2015] All ER (D) 161 (Apr)
Neutral Citation: [2015] EWHC 1091 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Lord Justice Burnett and Mr Justice Stewart

Representation Stephen Wood (instructed by Lumb & Macgill Solicitors) for the appellant.
  Paul Lodato (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 April 2015

Catchwords

Criminal law - Obstructing constable in execution of duty - Execution of duty - Appellant appealing by way of case stated against conviction for wilfully obstructing police officer in execution of duty - Whether appellant being immunised from consequences of action by alleged assault by police officer - Whether alleged assault being lawful - .

The Case

Criminal law Obstructing constable in execution of duty. The appellant appealed by way of case stated against his conviction for wilfully obstructing a police officer in the execution of his duty, alleging that he was immunised by an alleged assault by the police officer. The Divisional Court, in dismissing the appeal, held that, even if the appellant had been the victim of an assault, it provided him with no defence. However, the push given by the officer to the appellant had been lawful, as the reasonable use of force had been authorised by of the Criminal Law Act 1967.

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