R v Kershaw

In the matter of R v Kershaw, the respondent was charged with assault occasioning actual bodily harm and assault of a police officer in the execution of duty occasioning actual bodily harm. The respondent appealed against the conviction on the basis that the arresting officer lacked jurisdiction and the arrest was unlawful. The appeal was heard in the High Court of Australia. The appeal was allowed and the convictions quashed.

The legal issues before the court were whether the police officer had jurisdiction to make the arrest and whether the arrest was lawful. The court had to determine whether the police officer was acting in the execution of their duties when they were assaulted. The court also had to consider whether the assault occasioning actual bodily harm and the assault of a police officer in the execution of duty occasioning actual bodily harm were separate offences or one offence.

The court found that the police officer did not have jurisdiction to make the arrest and that the arrest was unlawful. The court found that the police officers were not acting in the execution of their duties when they were violently assaulted by the accused. Therefore, the verdict on counts 3 and 5 of the indictment was not guilty. The court held that assault occasioning actual bodily harm and assault of a police officer in the execution of duty occasioning actual bodily harm were separate offences.