Sunday 23 February 2014

Coincidence of Actus reus and Mens rea

Coincidence of  Actus reus and Mens  rea

This is when the Mens rea coincided with the Actus reus at the same time. In Thabo Meli v R, the court held that "it was impossible to divide up what was really one series of acts" and "if during that series of acts the necessary Mens rea is present, this is sufficient to justify a conviction". This was upheld in R v Church and in R v Le brun, where it was held that a series of actions can be  regarded as linked act as or continuing act if the required Mens rea is present at one point during the acts.

In Fagan v MPC, the court held that the defendant's act of driving his car of the victim's foot and leaving it there was a single continuous act rather than an act followed by a omission. So long as the defendant had the Mens rea at some point during the continuous act.

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