Coincidence Of AR And MR Flashcards
What is coincidence of AR and MR?
They have to present at the same time.
So can be either :
AR MR
MR AR
3 cases for coincidence of AR and MR?
Thabo Meli v R
Church
Fagen v Metropolitan Police Commissioner
What happened in Thabo Meli v R?
Ds attacked man and thought they had killed him. Pushed his body over a low cliff and he died from exposure. Ds guilty of murder.
What happened in Church?
D had a fight with a woman and knocked her out. Tried to biting her round for an hour. He thought she was dead so put her in a river. His conviction for manslaughter was upheld.
What happened in Fagan V Metropolitan Police Commissioner?
Fagan was told told to park by a kerb and in doing so ran over the policeman’s foot. He didn’t realise he had but when he did he didn’t move. Convicted of assault. COA held Fagan was aware so he had the MR.
What is known as the mirror image rule?
When an AR is continuing at some point a necessary MR will be present.