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Kenlin v Gardiner [1967]


  • A police officer acknowledged a 14 year old boy, who then ran away
  • The officer grabbed the boy, who proceeded to hit the officer to release himself


  • Had the boy assaulted the officer in the execution of his duty?


  • No


  • He was not being detained, nor under arrest, therefore, he was allowed to defend himself against the officer’s battery
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