D v Director of Public Prosecutions

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Mr S Natas (instructed by Irvine Thanvi Natas) appeared on behalf of the Appellant The Respondent did not attend and was not represented ____________________

That question cannot simply be answered "yes" or "no" in view of the fact that an apparent postulate is the incorrect conclusion reached by the magistrates on the second question. But they were right to conclude that, by declining to remain with the CSO and pushing quickly past her, causing her to stumble backwards, the appellant assaulted her at a time when she was still acting in the execution of her duty. Accordingly, subject to deleting the word "therefore" from question 3, the answer to that question is "yes".