The D was asked by a policeman to park in a specific place when he drove over the policemans foot and when asked to move he swore at him before eventually moving it, causing a continuing act
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What was he convicted of?
Assaulting a police constable in the Magistrate's court initially
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What court dealt with this?
The QBD setting a binding precedent on the Crown and Mag
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Where did he appeal to?
The Quarter sessions in the Crown Court, then the QBD
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Why is this case important?
It deals with the scope of assault and battery, the court held that they are synonymous and that battery can be inflicted through an instrument (d's car)
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What did the court state about acts?
Must be an act an omission is not enough and the mens rea must be present
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What did the court state about continuing acts?
That they can be assaults/battery's and the actus reus can come before the mens rea as long as the actus reus is continuing
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What was the evidence of there being a continuing act?
1) D remained seated in connection with the car which applied force to the officer 2) He switched off the ignition 3) He swore '**** you you can wait' 4) Maintained his foot on the wheel
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What case can this be linked with?
Ireland v Burstow
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Other cards in this set
Card 2
Front
What was he convicted of?
Back
Assaulting a police constable in the Magistrate's court initially
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