Kenyon v The Chief Constable of Hertfordshire

Kenyon v The Chief Constable of Hertfordshire

The trial judge’s judgment lacked express findings on whether PC Musto’s honest belief and lack of intent to injure were considered in the assessment of gross disproportionality under section 329 of the Criminal Justice Act 2003, necessitating remittal for reconsideration and a fresh decision.

Parties
Claimant/respondent: Richard Kenyon; Defendant/appellant: The Chief Constable of Hertfordshire
Jurisdiction
England and Wales
Judgment Date
13 June 2019
Procedural Posture
Civil Appeal / Judgment on Appeal From Trial Court, Remittal Ordered
Outcome
Case remitted to trial judge for reconsideration and fresh decision.
Legal Topics
Assault by Police, Use of Force, Defences to Trespass to the Person, Interpretation of 'grossly Disproportionate', Section 329 Criminal Justice Act 2003
Tort Law Criminal Law Police Law Assault by Police Use of Force Defences to Trespass to the Person Interpretation of 'grossly Disproportionate' Section 329 Criminal Justice Act 2003

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Parties

Richard Kenyon

Claimant/respondent

The Chief Constable of Hertfordshire

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From Trial Court, Remittal Ordered

Legal Issues

  1. 1 Whether the trial judge erred in law by failing to take into account PC Musto’s honest belief and lack of intention to injure when assessing if his act was grossly disproportionate under section 329 of the Criminal Justice Act 2003
  2. 2 Whether the trial judge applied the correct legal test for 'grossly disproportionate'

Ratio Decidendi

The trial judge’s judgment lacked express findings on whether PC Musto’s honest belief and lack of intent to injure were considered in the assessment of gross disproportionality under section 329 of the Criminal Justice Act 2003, necessitating remittal for reconsideration and a fresh decision.

Court Disposition

Case remitted to trial judge for reconsideration and fresh decision.

Orders

  • Remit the case to the trial judge to reconsider the judgment and make a fresh decision in light of the appellate court’s findings.