Tutorial: 5.

Topic: Trespass to person

1. Miss Anita, an old lady, is walking along the busiest highway in town. She the
attempts to cross the street. Marcus, who has been walking behind her, rushes up,
holds her hand in an effort to assist her to cross. Anita is startled and almost falls.
Goodison, thinking that Marcus is attempting to mug the old lady, runs up to Marcus
and slaps in the face.

Constable Howard who is passing by asks Marcus to accompany him to the nearby
police station to sort things out. At the police station Marcus is asked to sit in a room
while Constable Howard goes to search for his superior. Marcus falls asleep not
knowing that Constable Howard had locked the door with the key to prevent him
from leaving.
Miss Anita arrives at the station an hour later and tells the police that it was all a
mistake and that the nice young gentleman was merely helping her to cross. Marcus is
released immediately.
Discuss, with reference to decided cases, the liability of Goodison and Constable
Howard for assault, battery and false imprisonment.
Total 25 marks
2. (a) Write brief notes on ‘malicious prosecution’ referring to at least ONE decided
case.
[10 marks]
(b) Kevin, a clerk, is leaving the office one evening with a parcel containing some
personal effects which he collected from his cousin earlier that day. Donman, the
security guard, demands a search and, upon examining the contents of Kevin’s bag,
accuses him of stealing. He calls a policeman who, despite Kevin’s protests, takes
Kevin to the police station where he is held overnight and released next morning. The
charge against him for theft is subsequently dismissed by the magistrate.

Advise Kevin whether or not he can succeed in a claim against Donman and the
policeman. Give reasons for your answer. [15 marks]
Total 25 marks

3. (a) With references to decided cases, explain the following:

(i) Assault
(ii) Battery [12marks]
(b) Adam sees ahead of him in the streets an individual who, from the rear, looks
remarkably like his former girlfriend, Barbara. He sneaks up behind the person,
taps the person on the shoulder, and tenderly kisses the person on the cheek. It is
not in fact Barbara, but, Calvin, who wears his hair in corn rows. Calvin screams
and throws a punch at Adam which misses. Adam runs off screaming. Calvin
runs behind him shouting, “If I catch you, you’ll see…”
Advise the parties on any liability or claims they may have. [13 marks]
Total 25 marks