Facts
- Fagan was asked to park his car closer to the kerb, which he did. He also parked on a police officer’s foot, and subsequently refused to move his car
Issue
- Had Fagan committed an assault on the officer?
Decision
- Yes
Reasoning
- Although there was no intent in parking on the foot of the officer, the omission to move was an intentional, therefore the omission was classed as an act.
