Facts:
The defendant was driving when a police officer indicated that he should pull over. When the defendant did so, the officer indicated that he was not close enough to the kerb and asked him to move closer. When the defendant did so, he, in error parked the car on the officer’s foot. When the police officer asked him to move, he refused and switched the engine off, but eventually did reverse the car to remove it from the officer’s foot. The defence claimed there was no offence as the actus reus was complete before the mens rea was evident.
Outcome: Guilty
Legal Principle:
Mens rea - continuing act principle
Actus reus can continue throughout an action, there is no requirement that the mens rea is also present at the start of the actus reus, it is enough that the mens rea is evident at some point in the sense that it is superimposed.
10 сен 2024
