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KembaraXtra-Case Law-Fagan v Metropolitan Police Commissioner (1969) Study Guide
Case Summary:
Case Summary:
- The defendant (D) drove his car onto a police officer's (V) foot and refused to move it.
- D was convicted of assaulting a police officer in the execution of his duty.
- Definition of Assault: An assault is any act that intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
- Omission Rule: A mere omission to act cannot constitute an assault.
- Simultaneous Actus Reus and Mens Rea: For an assault to occur, the actus reus (the prohibited act) and mens rea (the guilty mind) must be present at the same time.
- Superimposed Mens Rea: Mens rea does not need to be present at the start of the actus reus. It can be superimposed onto an existing act. In Fagan's case, the actus reus was the car on the foot. The mens rea occurred when the driver knew he was on the foot and intentionally remained.
- Subsequent Mens Rea Insufficiency: The later formation of mens rea cannot transform a completed act (initially without mens rea) into an assault.
- This case blurs the lines between act and omission. While the initial act of driving onto the foot may have been unintentional, the continued act of remaining on the foot, with the knowledge and intent to cause harm or apprehension, constituted the assault.
- Why can an omission not constitute an assault, but can incur liability for manslaughter?
- Hint: Consider the fundamental differences between assault and manslaughter. Assault requires the apprehension of immediate violence from a positive act. Manslaughter, particularly gross negligence manslaughter, can arise from a failure to act when there is a duty to do so (e.g., a parent failing to provide medical care for their child).
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