Contemporaneity rule Flashcards
What is the contemporaneity rule?
In order for an offence to take place,both the actus reus and the mens rea must be present at the same time.
Thabo Mel v R 1954
Case facts:
The defendant had attempted to kill their victim by hitting them over the head and threw what they assume a dead body over a cliff. The victim died from the fall.
Point of law:
The defendants had the required men’s rea when the transaction began, therefore the men’s rea and actus reus had concluded at this point and the men’s rea then applied to the whole series of acts that followed.
Church 1966
Case facts:
Sylvia Notts mocked the appellants ability to satisfy her sexually and slapped her face. He knocked her self conscious and threw her into a river when he thought she was dead.
Point of law:
Whilst there was several errors in the judges direction the conviction for manslaughter was safe.
Fagan v Metropolitan Police Comissioner 1968
Case facts:
Fagan was asked by a police officer to move his car. By accident he drove onto the officer’s foot. At this point there was an actus reus but no men’s rea. However he then left the car their despite being asked to move it. At this point the actus reus and men’s rea coincided.
Point of law:
We can see what is meant by a ‘continuing act’
