Fagan v mpc. Fagan v Metropolitan Commissioner; 31 Jul 1968 2022-12-17
Fagan v mpc Rating:
Glory, a 1989 film directed by Edward Zwick, tells the story of the 54th Massachusetts Volunteer Infantry, one of the first all-black regiments to fight in the American Civil War. The film follows the journey of the regiment, from their initial recruitment and training to their eventual deployment in the war, and focuses on the experiences of several key characters, including the regiment's white commander, Colonel Robert Shaw, and several of its black soldiers, including Trip, a runaway slave, and John Rawlins, a former servant.
Throughout the film, the theme of glory and the various ways in which it is understood and pursued by the characters is a central and driving force. For the white officers and politicians who encourage the creation of the 54th Massachusetts, the prospect of sending black soldiers into battle is seen as a way to prove their worth and earn the respect and admiration of their white counterparts. For the black soldiers themselves, the opportunity to fight for their freedom and the freedom of their fellow African Americans is a source of pride and a chance to claim their own sense of glory.
However, as the film progresses, it becomes clear that the pursuit of glory is not always straightforward or without cost. The soldiers of the 54th Massachusetts face significant challenges and hardships, including discrimination, prejudice, and the dangers of war. They are also faced with moral dilemmas, as they struggle with the weight of the expectations placed on them and the sacrifices they must make in order to achieve their goals.
One of the key themes in Glory is the idea that true glory is not always about achieving fame or recognition, but rather about standing up for what one believes in and making a difference in the world. This is exemplified by the character of Colonel Shaw, who initially joins the regiment as a way to redeem his family's honor, but comes to understand that true glory lies in his commitment to his men and their cause. Similarly, the character of Trip, who initially resists the idea of fighting in the war, ultimately finds glory in his willingness to stand up for what he believes in and fight for his own freedom.
In conclusion, Glory is a powerful and thought-provoking film that explores the theme of glory and the various ways in which it is understood and pursued by its characters. Through its portrayal of the struggles and triumphs of the 54th Massachusetts, the film highlights the importance of standing up for one's beliefs and the power of ordinary people to make a difference in the world.
Fagan v Metropolitan Police Commissioner, 1969
If you are reading a case with a dissenting judge, note down the points on which they disagree with the majority, and why. There is a continuous danger of inflicting illegal force if the conduct, as opposed to the consequences thereof, is an ongoing act. The policeman shouted at him to get off. For our part, we cannot regard such conduct as mere omission or inactivity. A police constable asked the defendant to park his car in order to question him. The legal issue here was whether the prosecution had proven facts which had amounted to an assault. The defendant argued at the time of the actus reus, the driving onto the foot, he lacked the mens rea of any offence since it was purely accidental.
As well as being a common form of assignment, they make very handy revision aids. In some cases, a judge dissents from the majority of the court and disagrees with the outcome. The first part of such a judgment is usually the ratio decidendi, and everything afterwards is usually obiter. Held: An assault might consist of the making of a silent telephone call in circumstances where it causes. Appropriate Legal Action under the Indian Laws will be taken. In accordance with the directions, Fagan backed his car up, accidentally rolling it onto the foot of the officer. The justices at Willesden and quarter sessions were, in our opinion, correct in law.
Bridge J agreed with the majority that continuing acts were possible, such as holding a stick against a person. He moved the car a short time later. The statute could be interpreted to reflect current standards. His appeal was that this did not constitute assault as his mens rea intention of refusing to move had been formed after the actus reus reversing the vehicle onto the foot. Not sure whether a statement is the ratio decidendi or obiter dicta? Common law cases are often long-winded and dense, and sometimes it can be difficult to see the wood for the trees — let along remember the key parts! There was an act constituting a battery which at its inception was not criminal because there was no element of intention, but which became criminal from the moment the intention was formed to produce the apprehension which was flowing from the continuing act. Despite this, the court created the legal principle of continous actus reus.
Criminal liability prior required both the actus reus and mens rea to be formed at the same time. Fagan subsequently appealed the decision. This list may be incomplete Last Update: 03-Aug-16 Ref: 235710 Posted on August 3, 2016 August 3, 2016 by Posted in Tagged Post navigation. Cited — The prosecutor appealed a finding of no case to answer on an accusation of assault occasioning actual bodily harm. The defendant was convicted of assaulting a police officer under a now-defunct statutory provision.
The defendant refused to move. Fagan, was in his car when a police officer approached him and told him to move his car. If you think the judge has said anything in the obiter dicta which gives you insight into the law beyond the case, note it down in this section. The defendant was told by a police officer to park up his car. Finally, assess and evaluate the decision.
Crime Updated: 04 July 2022; Ref: scu. Reproduction of the same, without permission will amount to Copyright Infringement. Do follow me on The copyright of this Article belongs exclusively to Ms. Cited — Grievous bodily harm can be inflicted by a stalker without direct physical contact and can include psychological damage. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle.
Fagan v Metropolitan Police Commissioner  1 QB 439 (DC)
This appeal would be dismissed. There was an act that constituted a battery that was not illegal at the outset because there was no element of purpose, but that became criminal after the intention was established to induce the fear that flowed from the ongoing conduct. Once the act is completed, it may no longer be considered a threat to use illegal force against the victim. The defendant accidentally drove onto the policeman's foot. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle.
There was an act constituting a battery which at its inception was not criminal because there was no element of intention, but which became criminal from the moment the intention was formed to produce the apprehension which was flowing from the continuing act. When he realised he had parked the car on his foot, the defendant refused to move and switched the engine off. Fagan did so, reversed his car and rolled it on to the foot of the police officer. However, they all reached their conclusions using completely different reasoning. It is distinguished from obiter dicta, which is everything else in the judgment.