Analysis of the Criminal Law

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There are several similar cases where police officers have been injured in this manner whilst defendants are attempting to escape. In R. v Boswell3 the defendant was found guilty of causing death by dangerous driving whilst trying to evade been arrested.Boris could attempt to argue that PC Ali’s action of jumping on the bonnet amount to contributory negligence as he has put himself in danger by doing this4. Boris may also be able to use the defense of his personality disorder to reduce or extinguish the charges5 or provocation caused by PC Ali’s actions6. To be able to decide on the liability of Boris it is necessary to examine the men’s rea of Boris at the time. He has stated that his intention was merely to frighten PC Ali and not injure or kill him7. In R v Mann8 the courts reduced the sentence imposed after finding that it was not the intention of the defendant to harm the victim but just to frighten him.In looking at Boris’s intention when he drove the car in this manner it is important to note that he was attempting to escape the area to avoid being arrested. A similar case that might assist the courts in reaching their decision in R v Fitzgerald9. In this case, the defendant drove off in an attempt to escape the police. The police officer tried stopping the defendant by clinging on to the front of the car. The defendant drove for some distance with the officer still clinging to the front of the car. Unable to control the vehicle properly the defendant crashed the car and was subsequently arrested. No one sustained any serious injury as a result but the defendant was charged with assaulting a police officer and attempting to resist arrest. Another case which had similar facts to the aforementioned one in Ferguson v HM Advocate10. In this case, the defendant fled from the police whilst an officer was clinging to the door. The defendant was charged with assaulting the officer and resisting arrest.