Resistance: examining the conduct and intention

Provisional dismissal of proceedings auto examined

The situation

An incident during police action resulted in proceedings for possible resistance or disobedience. The statement of the person under investigation was contrasted with the statement.

What the decision records

The court provisionally dismissed the case for insufficient evidence of an offence. It considered the absence of an intention to direct the act against an officer and the absence of injury resulting from that act.

What this helps explain

Criminal classification requires attention to conduct and to its subjective elements. This file does not mean that any conduct without injury is outside the criminal law.