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Kenlin v Gardiner [1967]

Facts

  • 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

Issue

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

Decision

  • No

Reasoning

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