Coincidence of actus reus and mens rea


Coincidence of actus reus and mens rea can be either a series of acts or a continuing act.


Actus reus and mens reus occur at different times from when the accused had committed the actus reus. A case example is R V FAGAN where the defendant had reversed his car onto a policeman's foot by accident. At this point only the actus reus is present. When the defendant had realised what he had done, he turned off the engine which formed the mens rea of the offence. As long as mens rea is present somewhere then the defendant will be liable.


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