Practice and Procedure

R (on the application of SHAH) v CENTRAL CRIMINAL COURT (2013)

PUBLISHED June 6, 2013

[2013] EWHC 1747 (Admin)

A defendant could not be guilty of assaulting a police officer in the execution of his duty if the officer had first assaulted the defendant. The initial assault took the officer outside the execution of his duty, meaning that an essential ingredient of the offence against the defendant could not be proved.

QBD (Admin) (Moses LJ, Burnett J)