Someone recently bought our

students are currently browsing our notes.

X

Coincidence Of Actus Reus & Mens Rea Notes

Irish BCL Notes > Irish Criminal Law Notes

This is an extract of our Coincidence Of Actus Reus & Mens Rea document, which we sell as part of our Irish Criminal Law Notes collection written by the top tier of Trinity College Dublin students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Irish Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Coincidence of Actus Reus and Mens Rea Thabo Meli v R (PC 1954) Facts

* The plaintiffs gave a man alcohol to intoxicate him and then attacked him intending to kill him, as part of a preconceived plan.

* Believing him to be dead, which he was not, they threw him off a cliff resulting in his death.

* They appealed against their conviction, claiming that the act of throwing him off a cliff was not accompanied by mens rea. Issue

* Coincidence of mens rea Judgment

* Lord Goddard CJ (concurring)

* Lord Reid (concurring)

* For the purposes of ascertaining mens rea the accused's acts can not be divided up into the assault and the throwing of the man off the cliff - the accused set out to all the acts to achieve their plan and as parts of their plan.

* The crime is not reduced merely because the accused persons were under a misapprehension at some time during their plot.

* LMD de Silva (concurring) R v Church (CA 1965) Facts

* The defendant was charged with the murder of a woman, having dumped her body in a river following an assault.

* The defendant was acquitted of murder and convicted of manslaughter and appealed his conviction. Issue

* Coincidence of Actus Reus and Mens Rea Judgment (Edmund Davies LJ)

* It was open to the jury to find the accused guilty of murder, even if he believed that the woman was dead when she was thrown in the river. R v Le Brun (CA 1991) Facts

* The accused assaulted his wife, knocking her unconscious, and when he tried to lift her she fell to the ground, which fractured her skull and killed her.

* The trial judge directed that the accused could be found guilty of the murder or manslaughter of the victim, depending on his state of mind during the original assault. Issue

* Coincidence of actus reus and mens rea Judgment

* The actus reus need not coincide in time with the mens rea where the unlawful force and the act causing death are part of the same transaction - certainly this is

Buy the full version of these notes or essay plans and more in our Irish Criminal Law Notes.