Contemporaneity Rule 

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  • Created by: Sara
  • Created on: 22-12-12 19:48
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  • Contemporaneity Rule
    • Actus Reus and Mens Rea must coincide
      • Must happen at the same time
      • Courts take a more flexible approach
    • Thabo Meli V R
      • 4 defendants killed V
        • Took V to a hut and beat him up, blow to his head
          • Threw him off a cliff believing he was dead but wasn't, it wasn't being left at bottom which killed him
            • they formed the intention to kill, there was no actus Reus as the man was still alive and when they threw him off the cliff there was no mens rea as they can’t intend to kill someone they believed was already dead.
    • Fagan V MPC
      • D was been directed in a car park by a police man
        • He ran over his foot and when asked to remove the car he refused
          • D argued that at the time of running over the foot there was no mens rea as it was accidental and when he gained the mens rea he had no actus Reus because he didn’t do anything. 


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