Collins v Wilcock [1984] 3 All ER 374


A police woman took hold of a woman's arm to stop her walking off when she was questioning her. The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty.

Held:

The police woman's actions amounted to a battery. The defendant's action was therefore in self defence and her conviction was quashed.

Goff LJ stated that implied consent existed where there was jostling in crowded places, handshakes, back slapping, tapping to gain attention provided no more force was used than is reasonably necessary in the circumstances. There was no consent given for the grabbing of the arm.

Back to lecture outline on battery or the defence of consent in Criminal Law