Coincidence of AR and MR Flashcards
(4 cards)
What is the coincidence of actus reus and mens rea?
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
What are the cases for coincidence of AR and MR?
Fagan vs Metropolitan Police Commissioner
R vs Church
What is the POL from Fagan vs Metropolitan Police Commissioner (Coincidence)?
Driving on to the officer’s foot and staying there was a continuous act and during that time he acquired the mens rea
What is the POL from R vs Church?
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