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Fagan v Metropolitan Police Comr : ウィキペディア英語版 | Fagan v Metropolitan Police Comr
''Fagan v Metropolitan Police Commissioner'' () 1 QB 439, () 3 All ER 442, () 3 WLR 1120, 52 Cr App R 700, DC is a leading case that illustrates the requirement of concurrence (or coincidence) of ''actus reus'' (Latin for "guilty act") and ''mens rea'' (Latin for "guilty mind") in order to establish an offence under the criminal law of England and Wales. ==Facts== The defendant, Mr. Fagan, was in his car when a police officer approached him and told him to move his car. In accordance with the directions, Fagan backed his car up, accidentally rolling it onto the foot of the officer. When the officer yelled at him to move his car off his foot, he cursed back at him, told him to wait, and refused to move, which was an act of defiance. At trial, Fagan was convicted of "Assaulting a constable in execution of his duties". Fagan appealed on the grounds that there can be no offence in omitting to act and that the act of driving onto the constable's foot was done completely by accident so there was no ''mens rea''.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Fagan v Metropolitan Police Comr」の詳細全文を読む
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