Coincidence Flashcards
(4 cards)
1
Q
What 2 things must be present at the same time?
A
Actus reus and Mens rea
2
Q
What does FAGAN V MPC state?
A
where there is a continuing act for the actus reus and at some point, while that act is still going on, D has the necessary mens rea, then the two do coincide and D will be guilty.
3
Q
What does CHURCH state?
A
where the actus reus is part of some larger transaction it will be sufficient that D forms men’s rea at some point during that transaction.
4
Q
What does DPP v MAJEWSKI state?
A
where D has been voluntarily drinking and then goes on to commit a crime that can be committed recklessly, his intoxication is not a defense. D is seen as reckless in getting intoxicated in the first place so already has the necessary men’s rea for the offence.
