“A continuing act can constitute assault when mens rea is formed during the act.”
Fagan accidentally drove his car onto a police officer's foot. When the officer asked him to move, Fagan refused and used abusive language before eventually reversing off. He was charged with assaulting a police officer.
Whether assault could be established when the initial act was accidental but the defendant later formed the intention to cause harm during the continuing act.
The conviction was upheld. The court found that driving onto the foot and remaining there constituted a continuing act, and assault was established when mens rea was formed during this continuing act.
This case established the important continuing act doctrine in criminal law, showing how actus reus and mens rea can coincide even when formed at different times. It's fundamental for understanding the timing requirements in criminal offences and is widely studied in criminal law courses.
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OSCOLA Citation
Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
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