Collins v Wilcock [1984] 1 WLR 1172 is a landmark case in English law that clarifies the definition of battery and the scope of lawful physical contact in daily interactions.
- Citation: [1984] 1 WLR 1172; [1984] 3 All ER 374
- Court: England and Wales – High Court (Divisional Court)
- The learned Judge: Robert Goff LJ
- Legal Issues: Battery, Assault, Trespass to the Person
Facts of the Case (Collins v Wilcock)
A police officer, suspecting two women of soliciting for prostitution, approached them on the street. One of the women, Ms. Collins, refused to engage with the officer and began to walk away. The officer, in an attempt to stop her, took hold of her arm. Ms. Collins reacted by scratching the officer. She was subsequently charged with assaulting a police officer in the execution of their duty.
Legal Issue
Did the police officer commit battery by grabbing Collins’ arm?
Was Collins guilty of assaulting the police officer?
Court’s Decision in Collins v Wilcock
The court held that the officer’s action amounted to a battery, as it exceeded what is generally acceptable in ordinary conduct. Consequently, Ms. Collins’s conviction for assaulting a police officer was quashed, recognizing her right to self-defense against unlawful physical contact. Since the officer was not in the process of lawfully arresting Collins, the contact was not legally justified.
Legal Principles Established
Lord Justice Goff elaborated on the concept of battery, stating that any intentional touching of another person without consent and beyond generally acceptable conduct constitutes a battery. However, he acknowledged implied consent for everyday physical contacts, such as jostling in crowded places or tapping someone on the shoulder to gain attention, provided no more force is used than reasonably necessary in the circumstances.
Implications
This case underscores the principle that every individual’s person is inviolable, and any physical contact beyond what is generally acceptable in daily life requires consent. It also delineates the boundaries of lawful conduct for law enforcement officers, emphasizing that actions like restraining individuals without legal justification can amount to battery. Physical restraint by an officer is only lawful when executing a lawful arrest or when justified by specific statutory powers.
References:
- https://ipsaloquitur.com/criminal-law/cases/collins-v-wilcock/
- https://www.lawteacher.net/cases/collins-v-wilcock.php
- https://www.cram.com/essay/Collins-V-Wilcock-Case-Study/FC66W7DLRG
- https://lawprof.co/criminal-law/non-fatal-offences-cases/collin-v-wilcock-1984-3-all-er-374/
- https://www.e-lawresources.co.uk/collins-v-wilcock
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