Jackalyn Chan secures unanimous acquittals in an unusual GBH case involving the legal doctrine of transferred malice, and biting of a police dog
Jackalyn Chan, instructed by Maria Haywood of Wannops LLP, secured unanimous acquittals at Portsmouth Crown Court in a case whereby the Defendant was charged on an indictment of Section 20 GBH, Criminal Damage and Assault on an Emergency Worker. The injury attributed to the Defendant was caused by a police dog purportedly acting in the execution of its duty.
The Defendant, who was in the midst of a mental breakdown, had a police dog deployed against him. It was the Defence assertion that at the relevant time, the police dog was wrongfully deployed and was not under the control of the officer who deployed the dog.
In the madness that ensued, whilst trying to escape the police dog, the dog bit a member of the public causing serious injury and the Defendant was charged with Section 20 GBH for the injuries. Damage was also caused to a vehicle and the Prosecution alleged the officer was kicked in the process.
The Defendant advanced self-defence.
During the trial, the officer was cross examined and accepted he was not physically assaulted by the Defendant at any stage, leading to the Prosecution offering no evidence on the Assault on an Emergency Worker count at the close of its case.
At the conclusion of the four-day trial, the jury acquitted the Defendant of Section 20 GBH and Criminal Damage.
