Published 06 March 2024
Oral judgment — resisting arrest — beyond reasonable doubt — acquittal. The defendant faced one charge of resisting arrest by a police officer. The defendant had allegedly breached his bail conditions, and the police had gone to arrest him at his home. On arrival at his home at 2am, the 7 police officers found the defendant naked in bed and attempted to arrest him. For the offence of resisting arrest to be established, the prosecution must prove beyond a reasonable doubt: that the police officer was acting in his lawful duty; that the defendant knew this; and thirdly, that the defendant intended to resist the officer acting in his duty. The first two elements were established; however, the Court was not satisfied that the defendant intended to resist the officer. Evidence from the police and the defendant were that the defendant writhed around on the floor. The defence submitted that this was due to the defendant being in pain rather than an intent to resist. The Court accepted this, and found that the charge was not proved beyond a reasonable doubt. The charge was dismissed. Judgment Date: 24 June 2021.
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