Coincidence rule Flashcards
What is the coincidence rule also known as?
The contemporaneity rule
What does the coincidence rule require?
-The actus reus & mens rea to coincide.
Which two ways have the courts developed for matters of coincidence?
- Continuing act
- Transaction theory.
When is the continuing act rule used?
-in situations where the actus reus comes first.
-used to continue AR over time so that it coincides with the MR.
Which case goes with the continuing act?
Fagan V Metropolitian police comissioner.
Fagan V Metropolitian police comissioner?
Continue MR.
-claimed he had no MR at time of incident
-intention to remain on foot came later.
-Driving and remaining on foot- continuing.
D accidentally drove car over police officer foot ‘F-k off you can wait
What is meant by transaction theory?
-when there is a series of events, the courts have held that the acts constitute one transaction
Which cases go with transaction theory?
-R V Church
-Thabo Meli V R
Thabo Meli V R?
-planned to kill- make it look accidental
-thought he was dead- off a cliff (died afterwards).
-Claimed MR was not there when the AR occured (V died.)
Held: all part of the same series of events, it was but a single transaction.
R V Church
(continue AR)
-argument- hit over head, thought she was dead- dumped in river where she died.
-convict if they regarded his behaviour ‘from the moment he first struck her to the moment when he threw her in the river as a series of acts.’
