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December 27, 2023. Fagan v Commissioner of Police for the Metropolis [1969] 1 QB 439 is a notable legal decision that dealt with the concept of assault and the interaction between actus reus and mens rea. Fagan, the defendant, was sitting in his car when a police officer instructed him to move the vehicle.. Case of Fagan v Metropolitan Police Commissioner is summarized and dispensed. Citation: [1969] 1 Q.B. 439Link: https://www.lawteacher.net/cases/fagan-v-mpc.p.

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Fagan v Metropolitan Police Commissioner [1968] 3 All ER 442, Queen’s Bench Division (Lord Parker CJ, Bridge and James JJ) The defendant was directed by a constable to park his car close to the kerb. He drove his car on to the constable’s foot The constable said, ‘Get off, you are on my foot.’ The defendant replied, ‘Fuck you, you can.. 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.