Fiak, R v

Fiak, R v

The appellant's actions in flooding the cell and wetting the blanket rendered them temporarily unusable, constituting damage under the Criminal Damage Act 1971. The process of arrest began when the appellant was detained and physically restrained, making resistance an assault on a police officer. The judge's directions to the jury did not undermine the safety of the convictions.

Parties
Respondent: R; Appellant: Engin Fiak
Jurisdiction
England and Wales
Judgment Date
11 October 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Criminal Damage, Assault on Police Officer, Lawful Arrest, Interpretation of 'damage' Under Criminal Damage Act 1971
Criminal Law Criminal Damage Assault on Police Officer Lawful Arrest Interpretation of 'damage' Under Criminal Damage Act 1971

Case Brief

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Parties

R

Respondent

Engin Fiak

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's actions constituted criminal damage under the Criminal Damage Act 1971
  2. 2 Whether the appellant lawfully assaulted a police officer in resisting arrest
  3. 3 Whether the arrest and detention were lawful prior to the formal use of the word 'arrest'

Ratio Decidendi

The appellant's actions in flooding the cell and wetting the blanket rendered them temporarily unusable, constituting damage under the Criminal Damage Act 1971. The process of arrest began when the appellant was detained and physically restrained, making resistance an assault on a police officer. The judge's directions to the jury did not undermine the safety of the convictions.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • counsel for the appellant invited to make submissions on representation order and costs