Ndila [2019] EWCA Crim 793

The applicant was convicted of false imprisonment. He was a serving prisoner when he went to the healthcare wing and punched a doctor, forcing him into a corner. The applicant then held a homemade knife to his own throat and demanded to see the governor. The applicant denied throwing any punches and said that the door was open, and he did not prevent the doctor from leaving. 

A submission of no case to answer was unsuccessful on the basis that it was open to the jury to find the complainant was falsely imprisoned in the situation where he was at one end of the room and the larger applicant was standing between him and the only exit. The applicant also argued there were inconsistencies in the evidence of witnesses and that the verdict of not guilty on the assault was inconsistent with the finding of guilt.

Held: the judge dealt with the inconsistencies in the evidence and these were matters to be dealt with by the jury, their verdict meant that they were not sure that he threw punches but were sure he unlawfully used the threat of force to prevent the doctor from leaving the room. There was no merit in the appeal and the application was refused.