Fagan v Metropolitan Police Commissioner (1969) established that an unintentional act, such as a car driven onto a policeman's foot, can become an assault if there is a deliberate failure to remove the vehicle, thus combining actus reus (the act) and mens rea (the intent).
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ποΈ Court: Divisional Court ποΈ JudgmentDate: 31 July 1968 ποΈ Where Reported: [1969] 1 Q.B. 439; [1968] 3 W.L.R. 1120 π Jurisdiction: United Kingdom
βοΈ Legal Principles
1οΈβ£
Continuing Act Doctrine: The court ruled that an act, such as driving a car onto someoneβs foot, can be considered ongoing until the offending party removes the vehicle, thus allowing the mens rea to be formed during the act.