The case of Fagan v MPC 1969 is all about an altercation in between a motorist and a policeman.
Fagan v MPC Case Facts
The defendant Fagan was sat by the side of the road in his car. He was approached by a member of the Metropolitan Police who thought he was causing an obstruction. Fagan moved the car by reversing it but in doing so he rolled it over the foot of the policeman. In pain, the officer asked the defendant Fagan to move the vehicle off his foot. Fagan became abusive and swore at the officer then switched off his engine. This resulted in Fagan being convicted of assaulting a police officer while carrying out his duties.
Fagan then appealed this decision.
Fagan’s appeal was formed on the basis that the injury sustained by the officer was a result of an accident. There was a lack of Mens Rea when the incident occurred. In order for an assault charge to be brought about the prosecution needs hard facts on whether an assault had taken place. Actus Reus and Mens Rea must be established at the same time for an assault to be committed.
Decision and Outcome of Fagan v MPC 1969
The decision was that an omission can not establish a charge of assault which the court held. The crime committed was not that of him driving over the foot of the officer but the choice for him not to cease the act. This resulted in him establishing a continual act of battery. The court decided that both Mens Rea and Actus Rea were both present and an assault had been committed.
Fagans conviction was upheld.