The DPP appealed to the High Court, which ruled that the defendant's willful omission, which put the constable in a dangerous situation, was sufficient actus reus for the crime to have been committed.

[1] The defendant was charged with assault occasioning actual bodily harm (ABH) and was found guilty at Horseferry Road Magistrates' Court.

[1] The judges considered the DPP's submission that Fagan v Metropolitan Police Commissioner and R v Roberts showed that willful omission could be sufficient actus reus.

[1] The court also considered the case of R v Miller where it was held that recklessly failing to take action when the defendant created a dangerous situation was enough for actus reus.

Mr Justice Maurice Kay, giving the only reasoned judgment, commented that "A great deal of undesirable complexity has bedevilled our criminal law as a result of quasi theological distinctions between acts and omissions".