Coincidence Rule
- Created by: Unknown26
- Created on: 30-03-13 16:59
View mindmap
- Coincidence Rule
- Contemporaneity/coincidence rule states that the actus reus and the mens rea must occur at the same time, they must coincide.
- Two occasions where this isn't the case, and two rules to prevent defendants evading liabilty.
- First is the continuing act, that the actus reus occurs before the mens rea (Fagan).
- Fagan ran over a police officers foot, then having realised he left the car there, AR was a continuing act during the MR was formed.
- Second rule is referred to as a single transaction and occurs when the MR is formed before the AR is complete.
- Thabo Meli - Victim beaten up, defendants thought he was dead at which they had the MR for murder and he wasn't dead, then they threw him off a cliff and he died then.
- First is the continuing act, that the actus reus occurs before the mens rea (Fagan).
Comments
No comments have yet been made