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Section B
Elements of a Crime
Coincidence
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Cards (5)
Single
transaction
theory
Where the
mens rea
is formed before the
actus reus
completes the courts treat all individual
acts
as one
R v
Thabo Meli
[1954]
D and his gang tried to kill V, then threw him off a cliff. V was
alive
and later died of exposure to the elements.
Single transaction
theory.
Continuing Act
If the mens rea has been formed
after
the actus reus has started, the actus reus is treated as a
continuous
act instead of
single
acts.
Fagan
v
MPC
[1969]
D accidentally drove onto a policeman’s foot but refused to move the car after.
Continuing Act.
The principle of
contemporaneity
The mens rea and actus reus of the offence must be present at the same
time.