Concurrence

In theory, if the actus reus does not hold concurrence in point of time with the mens rea then no crime has been committed.

Whereas in the law of agency, a principal may retrospectively adopt a transaction as if the agent had originally been authorised to conclude an agreement with a third party ("ratification" of the agent's decision), and so acquires liability under that agreement, an alleged criminal cannot retrospectively adopt an actus reus and acquire guilt.

[1] Because of the steel toe cap in his boot, the policeman's foot was not in actual danger, but the Divisional Court held that this could constitute a common assault.

A different way of justifying liability in this type of situation would be to consider an omission at the point in time that the mens rea is formed.

[It is fair to exclude liability when B's fear is entirely unreasonable given A's behaviour because B's self-induced injury will break the chain of causation].

This latter example raises a separate issue which is that it is sufficient to base a conviction on the presence of mens rea at some time during the occurrence of the events comprising the single transaction.

For example, suppose that A begins to strangle B and, believing B to be dead, abandons the "body" in nearby woods where B dies of exposure.

A will still be convicted of the homicide even though the relevant behaviour of abandoning the body was not accompanied by a mens rea.

And for the sake of completeness, if A commits an offence with an actus reus and a mens rea, it will not affect liability that A subsequently repents the crime and effects restitution.