COINCIDENCE OF ACTUS REUS AND MENS REA

• In order for an offence to take place, both the actus reus and mens rea must be present at the same time.
• FAGAN v MPC (1968) - The defendant drove on to the policeman's foot without realising he had done so. When told about it, he initially refused to move his car. Once he knew the car was on the police officer's foot, he had the required mens rea for the offence. The two elements were then present together.
• Church (1965) - The defendant had a fight with a woman and knocked her unconscious; he then threw her body into a river, believing she was dead. As the actus reus and mens rea must coincide at some point, the defendant was guilty