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R v Lee [2000] EWCA Crim 53 Court of Appeal

The appellant had failed a breath test. He looked at the test result and saw an air bubble which pushed the test over the limit. When the officer tried to arrest him for drink driving the appellant punched him. He was convicted of assaulting a police officer with intent to resist arrest under s.38 Offence Against the Person Act 1861. He appealed contending that he had a genuine belief that the arrest was unlawful.

Held:

The mistake was one of law and therefore was of no defence.
 
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