MBE Rules · Criminal Law
Concurrence
Concurrence principle
The rule
The mens rea must actuate the actus reus; an intent formed only after the act (or an act preceding the intent) does not suffice, though continuing-trespass and felony-murder doctrines bridge some gaps.
In plain English
The concurrence rule requires that the mental state (mens rea) and the physical act (actus reus) occur together in order for a crime to be established. This means that a person must have the intent to commit a crime at the same time they are committing the act, rather than forming the intent after the act has already taken place.
Worked example
John breaks into a store intending to steal, but he only decides to take a watch after he is already inside. Because his intent to steal formed after the act of breaking in, he cannot be convicted of theft under the concurrence rule. However, if he had the intent to commit theft before entering, he could be found guilty.
Memory hook
Intent must meet action at the crime scene!
The trap
Exams often present scenarios where the timing of intent and action is ambiguous, leading students to mistakenly assume that intent formed after the act is sufficient for a conviction. Watch for clues that indicate when the intent was formed.
How examiners test it
Questions typically involve fact patterns where the timing of the defendant's intent is critical, often testing students on whether the concurrence requirement has been met or if exceptions apply.
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