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Miscellaneous
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| Number of pages / Number of words: |
11 / 3015 |
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Notwithstanding this traditional hostility, however, some examples of individuals being punished for inaction do exist.
Usually, it is quite easy to make a distinction between a failure to act and a positive action; however this is not always the case. In Fagan v Metropolitan Police Commissioner , the defendant parked his car on a police officer’s foot...
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The defendant claimed this was an accident, but when the police officer instructed him to move it, he refused to do so. When faced with charges of assault, the defendant claimed that parking on the officer’s foot could not have been an assault due to a lack of mens rea, and that refusing to move the car could not have amounted to assault as it was an omission...
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