R v Fagan 1984

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  • Created by: 10dhall
  • Created on: 15-06-17 21:27
What happened in this case?
The D was asked by a policeman to park in a specific place when he drove over the policemans foot and when asked to move he swore at him before eventually moving it, causing a continuing act
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What was he convicted of?
Assaulting a police constable in the Magistrate's court initially
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What court dealt with this?
The QBD setting a binding precedent on the Crown and Mag
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Where did he appeal to?
The Quarter sessions in the Crown Court, then the QBD
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Why is this case important?
It deals with the scope of assault and battery, the court held that they are synonymous and that battery can be inflicted through an instrument (d's car)
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What did the court state about acts?
Must be an act an omission is not enough and the mens rea must be present
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What did the court state about continuing acts?
That they can be assaults/battery's and the actus reus can come before the mens rea as long as the actus reus is continuing
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What was the evidence of there being a continuing act?
1) D remained seated in connection with the car which applied force to the officer 2) He switched off the ignition 3) He swore '**** you you can wait' 4) Maintained his foot on the wheel
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What case can this be linked with?
Ireland v Burstow
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Other cards in this set

Card 2

Front

What was he convicted of?

Back

Assaulting a police constable in the Magistrate's court initially

Card 3

Front

What court dealt with this?

Back

Preview of the front of card 3

Card 4

Front

Where did he appeal to?

Back

Preview of the front of card 4

Card 5

Front

Why is this case important?

Back

Preview of the front of card 5
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