Friday, July 31, 2009

Help with question concerning Non-Fatal Offences Against the Person. Explanation would be real helpful. Thanks

Constable DOUGHTY wishes to question MILLS about an alleged assault. The officer attends at MILLS's home address and tells him the nature of the incident. Knowing that he is about to be arrested, MILLS grabs hold of Constable DOUGHTY's arm and pulls him into the doorway; he then slams the door on the officer's arm and makes good his escape. As a result of this attack, Constable DOUGHTY's arm is broken in two places.





When, interviewed, MILLS states that he did not intend to cause the injury, but accepts that his conduct presented a risk of some harm to the officer.





Which of the following statements is correct?





A This would not amount to s.18 assault, as there was no malice, i.e. premeditation.


BThis would not amount to s.18 assault, as there was no intention to cause serious harm.


C This would amount to s 18 assault, as MILLS intended to prevent his lawful arrest.


DThis would not amount to s.18 assault, as MILLS had not actually been arrested.

Help with question concerning Non-Fatal Offences Against the Person. Explanation would be real helpful. Thanks
C for sure
Reply:c
Reply:In the USA this would be charged as an assault on a police officer and resisting arrest. Resisting is defined as interfering with the lawful arrest of oneself or another and their need not be premeditation in order to commit an assault. Regardless,in this case, I do not believe that anyone would believe that in closing a door on a police officer's arm one had no intent to cause physical harm anyway.





BTW- perhaps you should read your textbooks more closely and do your own homework!


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