Mr. Walker’s Version ( Evidence) When the argument is going between him and her girlfriend the police came to the scene.
Walker indicate that he cannot speak with PC Adams in that moment. He found himself blocked in the doorway by PC Adams. PC Adams used to assault him, and handcuff him. Then he fell over a wall and Walker used to bite PC Adams because to have himself room to breathe. PC Adams punched him, PC Cracknell joined. He was carried to the police van. As to forensic examiner the Walker’s injuries were a black eye, bruising, swellings, scraps and cuts it amount to a grievous bodily harm. Walker did not lost his temper. His evidence was generally be supported by his mother as that she heard PC Adams is saying “Calm …show more content…
It did not amount to a deprivation of liberty or to unlawful false imprisonment as the case Bird v Jones. He would assessed the claimed damages at £5. He added a note that if the assault had been proven then he would have awarded £1400, for imprisonment about £2000 for 7 hours.
LORD JUSTICE TOMLINSON’S JUDGEMENT Agreed to the above judgment. Decision being regarded as inhibiting sensible policing and it is given rise to a trivial but nonetheless unlawful detention. In relation to the cost of the appeal the court would order that the appellant should recover 25% of the costs of the appeal. LORD JUSTICE RIMER’S JUDGEMENT Agreed with both judgements which has given by Lord Rix and Lord Tomlinson RATIO DECIDENDI Concerning above all facts the appeal has been dismissed but Mr. Walker has awarded £5 on the first ground of
Walker indicate that he cannot speak with PC Adams in that moment. He found himself blocked in the doorway by PC Adams. PC Adams used to assault him, and handcuff him. Then he fell over a wall and Walker used to bite PC Adams because to have himself room to breathe. PC Adams punched him, PC Cracknell joined. He was carried to the police van. As to forensic examiner the Walker’s injuries were a black eye, bruising, swellings, scraps and cuts it amount to a grievous bodily harm. Walker did not lost his temper. His evidence was generally be supported by his mother as that she heard PC Adams is saying “Calm …show more content…
It did not amount to a deprivation of liberty or to unlawful false imprisonment as the case Bird v Jones. He would assessed the claimed damages at £5. He added a note that if the assault had been proven then he would have awarded £1400, for imprisonment about £2000 for 7 hours.
LORD JUSTICE TOMLINSON’S JUDGEMENT Agreed to the above judgment. Decision being regarded as inhibiting sensible policing and it is given rise to a trivial but nonetheless unlawful detention. In relation to the cost of the appeal the court would order that the appellant should recover 25% of the costs of the appeal. LORD JUSTICE RIMER’S JUDGEMENT Agreed with both judgements which has given by Lord Rix and Lord Tomlinson RATIO DECIDENDI Concerning above all facts the appeal has been dismissed but Mr. Walker has awarded £5 on the first ground of