Two police officers saw two women apparently soliciting for the purposes of prostitution. They wanted to question the Defendant and asked her to get into the police car but she refused and walked away. One of the officers followed her to try and find out her identity. She still walked away refusing to speak to the officer. To prevent her leaving, the officer took hold of her arm. The Defendant scratched the officer's arm after becoming abusive. Her conviction of assaulting a police officer in the execution of his duty was quashed on the basis that the officer was not acting in the execution of his duty, but was acting unlawfully by holding the defendant's arm. The court held that the officer had committed a battery and the Defendant was entitled to free herself.