Fagan v Metropolitan Police Commissioner [1969] 1 QB 439

Court: Divisional Court

Facts: D, while parking his car, accidentally drove onto a police officer’s foot. When the officer informed him of the situation, D refused to move the car for some time. Although D initially acted without intent, he later refused to remedy the harm he was causing.

Held: The Divisional Court held that D's refusal to move the car constituted a "continuing act." The actus reus began when the car stopped on the officer’s foot, and the mens rea developed when D refused to move the car despite knowing the harm he was causing. The continuing act doctrine allowed the concurrence of actus reus and mens rea.

💡Levelup: This case is a leading authority on the doctrine of a continuing act, establishing that an ongoing situation can allow for the eventual alignment of mens rea and actus reus.