Coincidence of Actus Reus and Mens Rea (AQA A-Level Law): Flashcards
📚Flashcards
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Practise the cards
10 cards from this deck
Contemporaneity rule
Contemporaneity rule
AR and MR must exist at the same moment in time
Two approaches to coincidence issues
Two approaches to coincidence issues
Continuing act and single transaction approaches
Continuing act approach
Continuing act approach
AR viewed as ongoing; MR formed while AR continues
Single transaction approach
Single transaction approach
Series of acts as one event; MR at start covers all
Fagan v MPC approach used
Fagan v MPC approach used
Continuing act
Fagan v MPC facts
Fagan v MPC facts
Car on foot, refused to move = continuing act
Thabo-Meli approach used
Thabo-Meli approach used
Single transaction
Thabo-Meli key fact
Thabo-Meli key fact
Victim alive after beating; died from exposure at cliff bottom
R v Church approach used
R v Church approach used
Single transaction
Why judges show flexibility with contemporaneity
Why judges show flexibility with contemporaneity
Prevent guilty defendants escaping on technicalities