Client Acquitted After Proving Self-Defence in Assault on Emergency Worker Case

Our client had been charged with assaulting an officer in execution of his duties.

This allegation arose following our clients partner calling 101 for mental health reasons, officers were called to the scene to detain the partner under the Mental Health Act.

In an attempt to detain the partner, the officer used physical force and pepper spray. Our client wanted to protect his partner by trying to the officer off him, in which the officer turned around and kicked him.

The main evidence relied on by the Crown was body-worn video footage. Having reviewed the footage the officer made a significant statement after the allegation, stating that he gave our client the ‘biggest kick of his life.’

We also took a statement from his partner on the level of force used by the officer. The partner was due to be a witness at trial.

The trial took place at Highbury Corner Magistrates’ Court, where the police officer and his colleague both gave live evidence, followed by our client and his partner. The body-worn video footage was also played.

We argued that our client was acting in self-defence of another.

The bench retired to consider the case and found our client not guilty. The reasons being that they believed excessive force was used and the officer was not acting lawfully, therefore the force used by our client was reasonable and proportionate.

Daniel Cavaglieri and Ellie Godwin acted in this case. 2BR Chambers were instructed.