Criminal: Coincidence of Actus Reus and Mens Rea

 Coincidence of Actus Reus and Mens Rea

Acts

This is where an act takes place over a period of time. The courts find the actus reus to be a continuing act so that the mens rea can be later in the actus reus. The two principles will then coincide.

Fagan v MPC [1969]: Held, leaving the care on the police officers foot was a continuing actus reus. The defendant didn’t have the mens rea for the offence when he accidentally stopped on the foot but the mens rea was later formed when he refused to move the car.

Chain of Events

The courts will view the crime as a chain of events if the actus reus and mens rea are present at some point in the chain of events the courts will consider them to have coincided.

Thabo Meli: Held, the defendant had the intention to kill the victim, the mens rea was viewed as a continuing act throughout the chain of events that then resulted in death, the hit over the head, throwing off a cliff and then death through exposure.

Church: Held, the courts viewed the mens rea as a continuing event throughout the chain of events even after he thought she was dead. The initial strike and then throwing in the river before death by drowning.