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.
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| - Fagan v Metropolitan Police Commissioner (en)
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| - 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. (en)
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name
| - Fagan v Met. Police Commissioner (en)
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citations
| - [1969] 1 QB 439, [1968] 3 All ER 442, [1968] 3 WLR 1120, 52 Cr App R 700 (en)
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court
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full name
| - Regina v. Vincent Martel Fagan (en)
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judges
| - Lord Parker C.J., James J, Bridge J (en)
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keywords
| - (en)
- concurrence (en)
- deliberate omission to act to cease harm being inadvertently inflicted at outset (en)
- causation (en)
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has abstract
| - 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. (en)
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opinions
| - Per curiam : 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. (en)
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prior actions
| - Conviction by Willesden magistrates in 1967, upheld in Middlesex Quarter Sessions (en)
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