Fagan v Metropolitan Police Commissioner [1969] 1QB 439 FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulting a police officer in the execution of his duty. At the time of driving onto the foot, which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea at some time during its continuance.