면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Criminal Law
Queen's Bench Divisional Court
1969

Fagan v Metropolitan Police Commissioner

[1969] 1 QB 439

판결 이유

Where an act constituting the actus reus is a continuing act, the mens rea need not be present at the inception of the act but may be superimposed upon it while it is still continuing. The actus reus and mens rea must coincide at some point, but the actus reus need not be a single instantaneous event.

사실관계

A police officer directed Fagan to park his car. Fagan accidentally drove onto the officer's foot. When the officer shouted at him, Fagan refused to move the car, saying 'F*** you, you can wait.' He was convicted of assaulting a police officer in the execution of his duty.

판결 요약

The Divisional Court upheld the conviction. The court held that driving onto the foot and remaining there was a continuing act. Although Fagan may not have had mens rea when he first drove onto the foot (it was accidental), his subsequent refusal to move — with the intention to remain — meant that the mens rea coincided with the continuing actus reus.

주요 인용문

"There was an act constituting a battery which at its inception was not criminal because there was no element of intention but which became criminal from the moment the intention was formed to produce the apprehension which was flowing from the continuing act."

James J

후속 처리

Followed

Applied in continuing act situations and frequently cited in criminal law textbooks on the coincidence of actus reus and mens rea.

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