Contemporaneity

• Contemporaneity - actus reus and mens rea must occur at the same time

  • courts developed 2 theories

  1. actus reus before mens rea - continuing act theory
  2. mens rea before actus reus - series of acts theory
• Series of Acts - Transaction theory

  • mens rea before actus reus
  • series of acts will be looked at as one transaction
  • R v Church - mr may be present at any time until the act is complete , liable as committed one of a series of acts leading to v's death, had the mr when he committed that act
• Continuing Act

  • mens rea after the actus reus
  • if the d develops the mr at any point before the ar is complete, the d will then be liable
  • Fagan v Metropolitan Police Commissioner - stopped car on police officer's foot accidentally but then refused to move it, guilty of assault