|
Before the new laws on zero tolerence came out, it appears the police were trying it on some 50 years ago. Heres a case where a handfull of cabbies were having a chat and a officous bobby thought he would spoil their little chit chat and move them on for obstructing the highway.
...........................................................
Sherbourne v Walker
15 February 1955
False imprisonment; reasonable grounds for arrest
Summary: The plaintiff, a taxi-driver, was charged with obstructing the defendant, a police constable, in the course of his duty. The charge was dismissed.
The plaintiff brought an action against the defendant alleging assault, false imprisonment and malicious prosecution. The plaintiff with other taxi-drivers had congregated near the front of their taxi-rank. The defendant and a colleague ordered the men back to their cabs.
The defendant then asked the plaintiff for his driving licence and when he produced it asked whether it was the right name and address. The plaintiff said of course it was or it would not have been there, whereupon the defendant said "I think I will arrest you " and he did.
The plaintiff immediately said that he had been wrongly arrested and would complain. Sellers, J. giving judgment for the plaintiff and awarding him GBP 100 for the assault and false imprisonment and GBP 50 for malicious prosecution held that even if the plaintiff had not returned to his cab when ordered it was doubtful whether he would have been obstructing anyone.
The defendant had not acted from a proper motive and it looked as if he was piqued by what happened about the driving licence.
|
Login
Register
FAQ
