chapter  5
If the corporation had made a contract to purchase Mr Pickles’ land as a result of his digging the holes, could the contract have been set aside in equity on the basis of duress? (b) Self-protection
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Garland J:… This matter comes before the court by leave of the single judge on a point of law. There is one point central to the appeal. It is this. Since the appellant was acquitted of theft neither Mr Frost nor Mr Mole were entitled by virtue of s 24 of the Police and Criminal Evidence Act 1984 to effect a citizen’s arrest. If they were not entitled to do that then this appellant could not be convicted of an assault with intent to resist or prevent the lawful apprehension or detainer of himself, that is to say his arrest…

The view of this court is that little profit can be had from taking examples and trying to reduce them to absurdity. The words of the statute are clear and applying those words to this case there was no arrestable offence committed. It necessarily follows that the two offences under s 38 of the Offences Against the Person Act 1861 could not be committed because there was no power to apprehend or detain the appellant.