Fagan v Metropolitan Police Commissioner information
English criminal law case
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Fagan v Metropolitan Police Commissioner
Court
Divisional court (England and Wales)
Full case name
Regina v. (usually spoken as The Crown and or against) Vincent Martel Fagan
Decided
31 July 1968
Citation(s)
[1969] 1 QB 439, [1968] 3 All ER 442, [1968] 3 WLR 1120, 52 Cr App R 700
Case history
Prior action(s)
Conviction by Willesden magistrates in 1967, upheld in Middlesex Quarter Sessions
Court membership
Judge(s) sitting
Lord Parker C.J., James J, Bridge J [1]
Case opinions
Per curiam (unanimously): Mens rea and actus rea must coincide in time to establish guilt in most offences, including all forms of assault, battery and offences against the person, however realisation that a battery is ongoing will render the omission to act to remove that battery being inflicted a conscious battery, being sufficient concurrence.
Keywords
causation
concurrence
deliberate omission to act to cease harm being inadvertently inflicted at outset
Fagan v Metropolitan Police Commissioner is a leading case that confirms the need for concurrence (or coincidence) of actus reus (Latin for "guilty act") and mens rea (Latin for "guilty mind") in most offences of the criminal law of England and Wales. It also advises realisation that a battery is ongoing will render the omission to act to remove that battery being inflicted a conscious battery, being sufficient concurrence.
^Case preview Incorporated Council of Law Reporting
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