ABSTRACT
James LJ: ... The four defendants and another youth called Patterson, who was not arrested, were creating a disturbance in the public street by shouting and singing and dancing. At one stage there was a banging of dustbin lids. The local residents were disturbed and at least one complaint of the noise was made to the police. A police officer named Leach went to investigate. What took place between him and the youths was described in evidence by three taxi drivers. Leach patiently and tactfully tried to persuade the four youths to be quiet and to go home. The response was a remark by Robinson, ‘Fuck off’, and the continuation of the noise and dancing. Leach told them there had already been a complaint about their unruly behaviour and ordered them on their way. Robinson thereafter stood apart from the others and did nothing. That was the foundation of his subsequent acquittal. The others continued a sort of war dance and went on singing. Leach told them that if they continued to create a disturbance and obstruct the pavement they would be arrested. Allison in defiance sat down on the pavement. Leach moved towards him to arrest him and the appellant, Edwards and Patterson crowded round. As he placed his hand on Allison, Leach said ‘You are all under arrest’.
