1.5 Coincidence of AR and MR

Question 1

MILLER and FAGAN

Answer 1

Miller - (omission) a single continuing act

Fagan v Metropolitan Police Commissioner - positive act of driving onto foot continued (single continuing act) up to the point when MR (refusal to remove car from foot) was formed

Question 2

THABO MELI

Answer 2

Thabo Meli - beat and rolled V down a hill, believing he was dead but later died of exposure. D argued that he did not intend death in rolling down hill. Rejected on grounds beating and disposal all same “transaction” so MR present and sufficient for murder (single transaction view)

Question 3

CHURCH

Answer 3

Church - manslaughter when disposing of what he thought was V’s “body”. HELD to be single transaction. AR present when she drowns. D’s MR occurs before she died

Question 4

Le Brun

Answer 4

Le Brun - applied Church (there was no “plan”) when D killed V by dropping after striking her.