Kenlin v Gardiner
| Jurisdiction | England & Wales |
| Date | 1966 |
| Court | Divisional Court |
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32 cases
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Oraki v Director of Public Prosecutions
...1996 Act in the 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 avai......
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CC v Ireland
...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 ......
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C.C. v Ireland, Attorney General, and DPP v P.G. v Ireland, Attorney General, and DPP
...1996 1997 2 IR 321 HM Advocate v Watson 23 SLR 267 Howard v Commissioners of Public Works 1994 1 IR 101 1993 ILRM 665 Kenlin v Gardiner 1967 2 QB 510 1967 2 WLR 129 1966 3 AER 931 Maguire v Shannon Regional Fisheries Board 1994 3 IR 580 Michael M v Superior Court of Sonoma County 1981 450......
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Blackburn and Others v Bowering and Another
...no more than was necessary to repel the attack, the defendants's use of force did not constitute an assault. 24 In Kenlin v Gardiner [1967] 2 Q.B. 510 Winn L.J. said at page 518 G that in law self-defence cannot afford a justification for an assault in resistance to justified assault. But f......
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5 books & journal articles
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Unchecked power: the constitutional regulation of arrest reconsidered.
...(2d) 356 at 362, 24 C.C.C. (3d) 88 (C.A.); R. v. Moran (1987), 36 C.C.C. (3d) 225 at 258, 21 O.A.C. 257; Kenlin v. Gardiner (1966), [1967] 2 Q.B. 510, [1966] 3 All E.R. 931; Koechlin v. Waugh (1958), 11 D.L.R. (2d) 447, 118 C.C.C. 24 (Ont. C.A.) (12) Voluntary compliance with police request......
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Assaulting a Police Officer: The Redundant Perils of Establishing ‘In the Execution of His Duty’?: Dixon v Crown Prosecution Service [2018] EWHC 3154 (Admin)
...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......
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The Use of Force and Restraint Prior to Arrest: Limits on Police Powers to Detain
...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......
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BATTERY
...Consent, self-defence, lawful and reasonable chastisement may be defences. See: R. v. Day (1845) 9 J.P.P. 212; Kenlin v. Gardiner (1967) 2 Q.B. 510; Fagan v. Metropolitan Police Commissioner (1969) Q.B. 439." - Per Salami; J.C.A. in Ndibe v. Ndibe Suit No. CA/E/111/97; (1998) 5 N.W.L.R. (Pt......
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