Court: Divisional Court
Judgment Date: 31 July 1968
Where Reported: [1969] 1 Q.B. 439; [1968] 3 W.L.R. 1120; [1968] 3 All E.R. 442
Legal Issue in Fagan v Metropolitan Police Commissioner
The legal issue in Fagan v Metropolitan Police Commissioner was based on the determination of whether the actions of the appellant, Vincent Martel Fagan, constituted the crime of assault.
The central question in Fagan v Metropolitan Police Commissioner was whether the appellant’s conduct, specifically driving a car onto a police constable’s foot and subsequently delaying the removal of the car, amounted to the actus reus and mens rea necessary to establish the crime of assault.
Fagan v Metropolitan Police Commissioner raised the fundamental legal issue of whether the appellant’s actions, including the initial act of driving the car onto the constable’s foot and the subsequent delay in removing the car, constituted the elements of assault under the law.
The legal issue also encompassed the examination of the specific actions of the appellant, the intention behind those actions, and the application of the principles of actus reus and mens rea in determining the commission of the crime of assault.
Material Facts in Fagan v Metropolitan Police Commissioner
The case involved an incident where the appellant, Vincent Martel Fagan, was reversing a motor car when a police constable directed him to drive the car forwards to the kerbside.
The constable pointed out a precise spot for parking, and after initially stopping the car too far from the kerb, the appellant was asked to park closer.
The appellant then drove the car forward, stopping it with the offside wheel on the constable’s foot. When the constable informed the appellant of the situation, the appellant responded provocatively and unnecessarily, delaying the removal of the car from the constable’s foot.
The justices at quarter sessions were left in doubt as to whether the mounting of the wheel on the officer’s foot was deliberate or accidental, but they found that the appellant knowingly, provocatively, and unnecessarily allowed the wheel to remain on the foot after being informed by the officer.
This led to the finding that an assault was proved based on the appellant’s conduct.
Judgment in Fagan v Metropolitan Police Commissioner
The Court held that the appellant’s actions, including driving the car onto the constable’s foot and subsequently delaying the removal of the car, constituted the crime of assault.
The judgment emphasised that the appellant’s conduct, particularly the deliberate delay in removing the car from the constable’s foot after being informed of the situation, amounted to the actus reus and mens rea necessary to establish the crime of assault.
The Court found that the appellant’s actions intentionally caused the constable to apprehend immediate and unlawful personal violence, meeting the elements required to establish the crime of assault.
The Reason for the Decision in Fagan v Metropolitan Police Commissioner
The court’s decision was grounded in the recognition of the intentional and provocative nature of the appellant’s conduct, particularly the deliberate delay in removing the car from the constable’s foot after being informed of the situation.
The judgment emphasised that the appellant’s actions constituted the actus reus and mens rea necessary to establish the crime of assault, as they intentionally caused the constable to apprehend immediate and unlawful personal violence.
The court also underscored the distinction between acts that are complete and those that are continuing, highlighting that the appellant’s conduct constituted a continuing act of assault due to the deliberate delay in removing the car from the constable’s foot.
The decision was influenced by the recognition of the intentional and provocative nature of the appellant’s conduct, particularly the deliberate delay in removing the car from the constable’s foot after being informed of the situation.
The judgment underscored the importance of considering the intentional and deliberate nature of the appellant’s actions in determining the commission of the crime of assault, emphasising the intentional causing of apprehension of immediate and unlawful personal violence as the basis for establishing the crime of assault.
Legal Principles in Fagan v Metropolitan Police Commissioner
The case of Fagan v Metropolitan Police Commissioner established the legal principle that intentional and provocative conduct, including deliberate delay in removing a car from a constable’s foot after being informed of the situation, can constitute the actus reus and mens rea necessary to establish the crime of assault.
Fagan v Metropolitan Police Commissioner set a precedent for the recognition of the intentional causing of apprehension of immediate and unlawful personal violence as the basis for establishing the crime of assault, emphasising the intentional and deliberate nature of the conduct in determining the commission of the crime of assault.
The decision in Fagan v Metropolitan Police Commissioner underscored the importance of considering the intentional and provocative nature of the appellant’s conduct in determining the commission of the crime of assault, particularly in cases involving deliberate delay in removing a car from a constable’s foot after being informed of the situation.
This principle has significant implications for the interpretation and application of the elements of assault, particularly in cases involving intentional and deliberate conduct that causes apprehension of immediate and unlawful personal violence.
