Will and Deed

In 1968 British police constable David Morris was directing Vincent Fagan to a parking space when Fagan’s car ran onto his foot. Morris shouted at him to move the car, but Fagan refused and turned off the ignition. Eventually he started it again and moved off, but he was convicted of assault for the incident.

This raises a curious legal point. Normally Western law recognizes a crime only if a guilty action and a guilty intent occur at the same time. Here it seems that Fagan’s guilty action (rolling onto Morris’ foot) was a simple accident, and his guilty intent (his resolution not to move) occurred only later. Does that mean that he had committed no crime?

No, it doesn’t, ruled the English court of appeal. Fagan’s guilty action extended continuously while the constable’s foot was pinned under his tire, and he became guilty of assault a soon as he formed the resolution not to move the car. His appeal was dismissed.

(Fagan v Metropolitan Police Commissioner [1969] 1 QB 439)