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a responsibility to her by taking her in. They failed to look after her and
ensure she got the medical help she needed.
Fagan v MPC [1969] 1 QB 439
A policeman was directing the defendant to park his car. The
defendant accidentally drove onto the policeman's foot. The
policeman shouted at him to get off. The defendant refused to
move. The defendant argued at the time of theactus reus, the
driving onto the foot, he lacked the mens rea of any offence since
it was purely accidental. When he formed the mens rea, he lacked
the actus reus as he did nothing.
Held:
The driving on to the foot and remaining there was part of a
continuing act.
R v Dytham [1979] QB 722
The defendant was a police officer. He stood by whilst a bouncer kicked a
man to death. He was charged with the offence of misconduct in a public
officer. He argued that the offence could not be committed by an
omission as it specifically requires misconduct.
Held:
The offence of misconduct in a public offence can be committed by an
omission. The defendant's conviction was upheld.