Facts
- A police officer restrained a woman by taking hold of her arm
- The woman proceeded to scratch the police officer and was charged with assaulting a police officer in the execution of duty
Issue
- Could a battery claim be made?
Decision
Reasoning
- The officer was acting outside of the scope of duty at a police officer, therefore the scratching was an act of self defence
- Lord Goff defined assault as “an act which causes [the claimant] to apprehend the infliction of immediate and unlawful force on his person.” and battery as the “[A]ctual infliction of unlwful force on another person”.
- Lord Goff also said that consent to trespass is given the the ordinary conduct of everyday life, which the the present claim did not fit into
