We represented a client who had been charged with assaulting an emergency worker. It was the Crown’s case that our client, who spoke very little English, alighted from a bus where a revenue protection operation was taking place and deliberately failed to provide her means of payment. She was subsequently detained on suspicion of fare evasion and an officer immediately proceeded to try and put her in handcuffs. Despite it being established that our client had in fact paid for her journey, the officer continued to try to detain her. Our client resisted the officer’s conduct. It was said that our client had assaulted the police officer by hitting the officer in the face with the handcuff whilst moving her arms.
Our client denied the offence and the matter proceeded to trial.
At trial, we argued that firstly, our client did not understand what was happening to her and why she was being detained due the language barrier. We also argued that the officer was acting unlawfully by trying to detain her even after it had been established that she had paid for her fare and therefore, our client was entitled to resist the officer’s actions by using lawful self-defence and finally, we argued that there was in fact no assault.
After considering the submissions made on our client’s behalf, the Court found her not guilty and she remained of good character.
Our client was represented by Sabrina Neves, a solicitor in our Croydon Crime Team, supported by Nicole Windele and Denika Swack. She was also represented at the police station by our senior police station representative, Kathy Gorey.
