Coincidence

Question 1

Coincidence model answer:

Answer 1

There are 2 approaches to coincidence: Continuing Act theory and Transaction theory. Continuing Act theory tells us the AR can be a continuing act and as long as the MR occurs at some point during the AR, D will be guilty. In Fagan v MPC, the AR and MR coincided when the D refused to move his car off the policeman’s foot. Transaction theory tells us that the AR of a crime can be a series of events that are so connected they cannot be separated, and as long as the MR occurs at some point during the series of events then D will be guilty. In Thabo Meli, the D had the MR for the crime but the AR occurred later. These events were so connected that they could not be separated and the AR and MR coincided.

Here, the X theory applies…