Coincidence of Actus Reus and Mens Rea
- Both the Actus Reus and Mens Rea must be present at the same time
Thabo Meli v R (1954) – Defendants attacked a man and believed they had killed him. They then
pushed his body over a low cliff. The man had survived the attack but died of exposure when
unconscious at the foot of the cliff. It was held that the Defendants were guilty of murder.
Church (1965) – Defendant had a fight with a woman and knocked her out. He tried unsuccessfully
for about 30 minutes to bring her around. He thought she was dead and put her in a river. She died
from drowning. His conviction for manslaughter was upheld.
Continuing Act
Where there is a continuing act for the Actus Reus and at some point, while the act is still going on
the Defendant has the necessary Mens Rea then the two do coincide and the Defendant will be
guilty.
Fagan V Metropolitan Police Commissioner (1986) - Fagan was told by a police officer to park by a
curb. In doing so, Fagan drove on the policeman’s foot, without realizing he had done so. Initially,
Fagan refused to move the car. When the policeman pointed out what happened, he asked Fagan
several times to move the car off his foot. Eventually Fagan did move the car. Fagan was convicted of
assaulting the police officer in the execution of his duty. The Court of Appeal held the once Fagan
knew the car was on the police officer’s foot he had the mens rea.
As the Actus reus was continuing (the car putting force on the foot) the two elements were present
together. The Actus reus was a continuous act so as long as the Defendant developed the Mens rea
as some time while the act was continuing then he could be held guilty.
- Both the Actus Reus and Mens Rea must be present at the same time
Thabo Meli v R (1954) – Defendants attacked a man and believed they had killed him. They then
pushed his body over a low cliff. The man had survived the attack but died of exposure when
unconscious at the foot of the cliff. It was held that the Defendants were guilty of murder.
Church (1965) – Defendant had a fight with a woman and knocked her out. He tried unsuccessfully
for about 30 minutes to bring her around. He thought she was dead and put her in a river. She died
from drowning. His conviction for manslaughter was upheld.
Continuing Act
Where there is a continuing act for the Actus Reus and at some point, while the act is still going on
the Defendant has the necessary Mens Rea then the two do coincide and the Defendant will be
guilty.
Fagan V Metropolitan Police Commissioner (1986) - Fagan was told by a police officer to park by a
curb. In doing so, Fagan drove on the policeman’s foot, without realizing he had done so. Initially,
Fagan refused to move the car. When the policeman pointed out what happened, he asked Fagan
several times to move the car off his foot. Eventually Fagan did move the car. Fagan was convicted of
assaulting the police officer in the execution of his duty. The Court of Appeal held the once Fagan
knew the car was on the police officer’s foot he had the mens rea.
As the Actus reus was continuing (the car putting force on the foot) the two elements were present
together. The Actus reus was a continuous act so as long as the Defendant developed the Mens rea
as some time while the act was continuing then he could be held guilty.
