AS Law02 Contemporaneity Rule

Concept of coinicidence of actus reus and mens rea

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  • Created by: Henry Ng
  • Created on: 29-05-12 14:30

Contemporaneity rule

Contemporaneity rule - coincidence of actus reus and mens rea.

  • AR and MR must occur at the same time; one cannot be guilty of an act for a previously desired result!
  • However AR or MR can be formed ex poste (after the event)

Fagan v MPC 1969 (car on policemans foot and wouldnt move)

  • Mens rea formed later due to the act being continuing.

Thabo Meli (hit a V over head, thought he killed V, threw V over cliff and V eventually died of exposure)

  • mens rea was carried out through the continuing act of all events

Church 1996 (mocked for inadequecy of sexual performance in van by woman, hit woman and disposed body in lake when woman wasnt dead led to drowning)

  • D wished to only be charged for mens rea of disposing body but was a continuing act so included the drowning of the victim!
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