A Level Law Practice Exam

In the case of FAGAN, what was the key element that established D's mens rea?

1. Realization that he caused harm

2. Police officer's command to move

3. Delayed response to a police request

4. Driving without a license

The correct answer is: Realization that he caused harm

The correct choice emphasizes the importance of mens rea, or the mental state of the defendant, in establishing liability for a criminal offense. In the case of FAGAN, the key element that established the defendant's mens rea was his realization that he had caused harm—specifically, when he inadvertently drove onto the foot of a police officer and then later acknowledged he was aware of the situation. This realization reflects the transition from an act that may not have involved intent to a state where the defendant becomes aware that their actions have caused wrongful harm. The concept is vital in criminal law because it distinguishes between mere accidental conduct and actions taken with knowledge of the harmful consequences, thus solidifying the defendant's culpability. The other options, such as the police officer's command to move or the delayed response to a police request, do not directly pertain to D's internal acknowledgment of causing harm, which is critical in establishing mens rea. Driving without a license is a separate legal issue and unrelated to the specific mens rea aspect dealt with in FAGAN.