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(NOT SO) LUDICROUS LITIGATION: FAGAN V METROPOLITAN POLICE COMMISSIONER

  • Writer: LawPulse ASEAN
    LawPulse ASEAN
  • Mar 31, 2023
  • 1 min read

Fagan v Metropolitan Police Commissioner is a British legal case concerning the concept of criminal intent, or mens rea. In this case, the defendant, Mr. Fagan, accidentally drove his car onto a police officer's foot while the officer was directing him to park his car. When the officer asked Fagan to remove the car from his foot, Fagan refused and left the car on his foot for a few minutes.


Fagan was charged with assault and battery, but he argued that as the original incident was accidental, he did not have the necessary mens rea — or “guilty mind” — to commit the offence. However, the court found that Mr. Fagan's mens rea could be inferred from his subsequent actions of refusing to remove the car from the officer's foot and leaving it there for a few minutes; he was penalized accordingly.


The case of Fagan v MPC established that mens rea can be inferred from a defendant's subsequent actions, even if the initial act was accidental; this significantly expands the scope of criminal liability and is a key component of criminal prosecutions today.

 
 
 

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