Coincidence of AR and MR Flashcards

(4 cards)

1
Q

What is the coincidence of actus reus and mens rea?

A

Where the AR is a continuous act and the MR is formed at some point then it will still amount to an offence

If A takes a book, intending to return it but decides later to keep it then there will be coincidence of AR and MR and may still amount to theft

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2
Q

What are the cases for coincidence of AR and MR?

A

Fagan vs Metropolitan Police Commissioner
R vs Church

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3
Q

What is the POL from Fagan vs Metropolitan Police Commissioner (Coincidence)?

A

Driving on to the officer’s foot and staying there was a continuous act and during that time he acquired the mens rea

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4
Q

What is the POL from R vs Church?

A

The mens rea continued even after he thought she was dead, so as to include her death from drowning which led to a manslaughter conviction

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