Coincidence and MR Flashcards
Q: What is the relationship between coincidence and MR?
Must be shown D had the MR at the time of carrying out the AR, yet there is no need for the MR to remain unchanged throughout the entire commission of the offence. There must be a coincidence of AR and MR.
Q: What is the relationship between coincidence and MR? Case?
R v Jakeman 1983- if X poisons Y intending to kill Y at the time, it will not alter X’s criminal liability if X changes his mind immediately after giving the poison or even if X does everything he can to halt its effects
Q: What is the relationship between coincidence and AR?
Offence is complete when at the first moment the AR and MR unite. The MR may catch up with the AR. If the AR is a continuing act, it may begin without any particular MR but required MR may come later while the AR is still continuing.
Q: What is the relationship between coincidence and AR? Case?
Fagan v Met Police Commissioner 1969- Motorist drove onto officer’s foot, no proof he did so deliberately. Officer told him to move it and he did not. Conviction of assault upheld as there was an ongoing act, which became a criminal assault once the motorist became aware of it.
