In my view the facts of Regina v. Twiss, supra are similar to the case at hand. The subsequent struggle between the accused and the constables was a continuation of his attempts to resist the illegal detention. Further, the force used by the accused was not excessive in all of the circumstances. No substantial injuries were caused to the constables. The accused was being held down by two adult men, one of whom was attempting to carry out a painful manoeuvre on his legs while the other attempted to secure a head lock. The accused was already suffering injuries from a motor vehicle accident earlier that day or the day prior. I thus conclude that the accused's illegal detention, in the circumstances of this case, cannot be turned into a lawful arrest for assault.
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