Fagan Case

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FAGAN v. COMMISSIONER OF METROPOLITAN POLICE
1968; June 28; July 1, 31

Fact: This is a case of assault leading to battery for a police constable (Davis Morris) , held against the appellant driver (Vincent Fagan). Fagan was reversing a motorcar when Morris, wishing to question him, stood in front of the car and pointed out a suitable parking spot against the kerb. The appellant drove forward towards him and stopped the vehicle with the offside wheel on Morris’s left foot. When the constable yelled at the driver to take the wheel off his foot, the latter replied with abuses and ‘turned off the ignition or at least the engine stopped running.’ After the constable shouted several more times, did the appellant slowly turn on the ignition and …show more content…

Justice James (Lord Parker CJ agreeing), writing for majority, held that mounting the policeman’s foot with the car was initially an unintentional act which was later converted to an assault by his purposely delaying the removal of the car, that is to say, his failure to remove the car was not an omission but rather a positive act in allowing the car to remain in place. Although the initial application of force was accidental, the offence was complete when the necessary intention to continue to inflict the unlawful force was formed.

Holding: The appellant(driver) was at fault in causing injury to the respondent (police constable) and was guilty of assault.

Reasoning: The justices were “satisfied beyond all reasonable doubt that the appellant knowingly, provocatively and unnecessarily allowed the wheel to remain on the foot even after the officer repeatedly asked him to get off.” They gave the analogy that mounting a car on someone’s foot and sitting in the car while that position is maintained is an assault in the same way as stepping on somebody’s foot and keeping it there is.

Dissenting Opinion: Justice Bridge disagreed with his characterization of Fagan’s conduct as a continuing act. He finds that the appellant did “precisely nothing” after the accidental mounting of the wheel that could constitute an

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