Fagan v MPC [1969]

1. Facts:

• The defendant (D) accidentally drove his car onto a police officer's foot.

• Upon realising the situation, D intentionally delayed moving the car off the officer’s foot.

2. Outcome:

• The court upheld D's conviction for assaulting a police officer.

• It was determined that the delay in moving the car constituted part of a "continuing act.”

3. Impact and Analysis:

• Continuing Act Doctrine: The case established that an initial accidental act can evolve into a criminal act if the defendant continues the conduct with awareness and intent.

• Intentionality: The defendant's failure to act promptly was deemed intentional once he realised the situation, thus fulfilling the requirement for criminal liability.

• Legal Precedent: The ruling emphasised that an act originally performed without criminal intent can become criminal if the defendant's subsequent actions demonstrate a wilful disregard for the victim's rights.