Dixon v Crown Prosecution Service

Dixon v Crown Prosecution Service

On the facts found, PC Dolling was acting in the execution of his duty when he was bitten by the appellant, as he reasonably believed the appellant might be reaching for a weapon and acted to prevent an unlawful assault. The appellant used unreasonable force and committed an assault.

Parties
Appellant: Corey Dixon; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
20 November 2018
Procedural Posture
Criminal Appeal by Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Assaulting a Police Officer, Execution of Duty, Self Defence, Reasonable Force
Criminal Law Police Law Assaulting a Police Officer Execution of Duty Self Defence Reasonable Force

Case Brief

Summary, issues, holding and outcome

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Parties

Corey Dixon

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether PC Dolling was acting in the execution of his duty when assaulted by the appellant
  2. 2 Whether unreasonable force was used by the appellant
  3. 3 Whether the appellant was entitled to resist detention by police officers acting unlawfully

Ratio Decidendi

On the facts found, PC Dolling was acting in the execution of his duty when he was bitten by the appellant, as he reasonably believed the appellant might be reaching for a weapon and acted to prevent an unlawful assault. The appellant used unreasonable force and committed an assault.

Court Disposition

Appeal dismissed

Orders

  • Extension of time granted for filing and serving notice of appeal
  • Conviction upheld