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CRIMINAL LAW, EVIDENCE AND PROCEDURE - OFFENCES AGAINST THE GOVERNMENT AND THE PUBLIC - OFFENCES RELATING TO THE EXECUTION OF CIVIL OR CRIMINAL PROCESS - OFFENCES RELATING TO CONSTABLES - RESISTANCE OR OBSTRUCTION - CONSTABLES - ASSAULTING POLICE IN EXECUTION OF DUTY — SELF-DEFENCE — ACCUSED ASSAULTING OFFICER IN WHAT HE BELIEVED TO BE SELF-DEFENCE — ACCUSED CONVICTED OF ASSAULTING POLICE OFFICER IN THE EXECUTION OF HIS DUTY — WHETHER BELIEF THAT POLICE OFFICER WAS A PRIVATE CITIZEN A GOOD DEFENCE
Notes
This case upholds the common law principle that it is both the right and duty of every citizen to use reasonable force to prevent a breach of the peace from taking place and, in certain circumstances, to detain the person causing it against his will.
This case could be used as an authority justifying the use of reasonable force by police officers or secuity guards to detain you against your will. In order for their action to be lawful they would have to show that you were causing or were about to cause a breach of the peace, or provoking others to cause a breach of the peace by your actions. If they could not show this, then you would be entitled to use reasonable force to resist.
The problem with these kinds of cases is that it will only be determined by a court at a later stage whether your action in resisting arrest / detention was lawful. The test which the court will apply will be whether your action in resisting arrest / unlawful detention was reasonable in the circumstances, whcih will in turn hinge on whether you were causing or provoking a breach of the peace.
An example of where you could definitely not say that your actions were reasonable would be where you were trespassing on private property and attempted to use force to resist the efforts of a secuity guard to remove you.
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