Kenlin v Gardiner

JurisdictionEngland & Wales
CourtDivisional Court
Year1966
Date1966

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27 cases
  • Oraki v Director of Public Prosecutions
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 17 Enero 2018
    ...light of what was said by the Court of Appeal (in fact that should have been a reference to the Divisional Court) in Kenlin v Gardiner [1967] 2 QB 510 at 518G (see para.27 of the case stated). 8 The court further held that if, contrary to the above, the defence had been available as a matte......
  • CC v Ireland
    • Ireland
    • Supreme Court
    • 23 Mayo 2006
    ...Advocate v. Watson 23 S.L.R. 267. Howard v. Commissioners of Public Works [1994] 1 I.R. 101; [1993] I.L.R.M. 665. Kenlin v. Gardiner [1967] 2 Q.B. 510; [1967] 2 W.L.R. 129; [1966] 3 All E.R. 931. Maguire v. Shannon Regional Fisheries Board [1994] 3 I.R. 580. Michael M. v. Superior Court of ......
  • C v Ireland
    • Ireland
    • Supreme Court
    • 12 Junio 2005
    ...L.R. 2 C.C.R. 154 ; 116 R. v. Maxwell 117 (1909) 2 Cr. App. R. 26 ; 118 R. v. Mark 119 [1961] Crim. L.R. 173 ; Kenlin v. Gardiner [1967] 2 Q.B. 510; 120 R. v. Galvin 121 (No. 1) [1961] V.R. 733 and 122 R. v. Reynhoudt 123 (1962) 107 C.L.R. 381 . On the other hand, strong judicial opinion to......
  • C.C. v Ireland, Attorney General, and DPP v P.G. v Ireland, Attorney General, and DPP
    • Ireland
    • Supreme Court
    • 12 Julio 2005
    ...R. v. Prince (1875) L.R. 2 C.C.R. 154; R. v. Maxwell (1909) 2 Cr. App. R. 26; R. v. Mark [1961] Crim. L.R. 173; Kenlin v. Gardiner [1967] 2 Q.B. 510; R. v. Galvin (No. 1) [1961] V.R. 733 and R. v. Reynhoudt (1962) 107 C.L.R. 381. On the other hand, strong judicial opinion to the effect tha......
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3 books & journal articles
  • Assaulting a Police Officer: The Redundant Perils of Establishing ‘In the Execution of His Duty’?: Dixon v Crown Prosecution Service [2018] EWHC 3154 (Admin)
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 83-1, February 2019
    • 1 Febrero 2019
    ...detention has taken a police constable outside the execution of their duty atthe time of an assault: see, for example, Kenlin v Gardiner [1967] 2 QB 510 and Wood v DPP [2008]EWHC 10576 (Admin). In Collins v Wilcock [1984] 1 WLR 1172, Robert Goff LJ stressed that thegeneral principle that ‘a......
  • The Use of Force and Restraint Prior to Arrest: Limits on Police Powers to Detain
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 72-5, October 2008
    • 1 Octubre 2008
    ...had restraineda person but had not intended or purported to arrest that person hecommits an assault. As was seen in Kenlin vGardiner [1967] 2 QB 510,DC, this would be the case even in circumstances where an arrestwould have been justif‌ied. In the present case, the Crown Court waswrong to f......
  • Assault Police: A Review of the Law
    • United Kingdom
    • Sage Police Journal: Theory, Practice and Principles No. 67-2, April 1994
    • 1 Abril 1994
    ...arrested may not use grossly excessive force inresisting arrest. In Kenlin and Another v. Gardiner and Another (1967)l31 J.P. 91; [1966] 3 All E.R. 931, two boys were seen by two policeofficersin plain clothes going from house to house. The boys, in fact. weredoing nothing illegal. One of t......