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5 By prohibiting multiple punishments for a single criminal act Penal Code section 654. affords protection beyond and different from that given by either the constitutional proscrip-. tion of subsequent jeopardy or the implementation of that doctrine by Penal Code section 1023..
Under the common law, a crime was said to require both an actus reus and a mens rea and there must be a concurrence in time between of both actus reus (guilty action) and mens rea (guilty mind) are required to constitute a crime. -the act must be attributable to the culpable state of mind. Coincidental Concurrence.