Coincidence rule Flashcards

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1
Q

What is the coincidence rule also known as?

A

The contemporaneity rule

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2
Q

What does the coincidence rule require?

A

-The actus reus & mens rea to coincide.

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3
Q

Which two ways have the courts developed for matters of coincidence?

A
  1. Continuing act
  2. Transaction theory.
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4
Q

When is the continuing act rule used?

A

-in situations where the actus reus comes first.
-used to continue AR over time so that it coincides with the MR.

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5
Q

Which case goes with the continuing act?

A

Fagan V Metropolitian police comissioner.

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6
Q

Fagan V Metropolitian police comissioner?

Continue MR.

A

-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

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7
Q

What is meant by transaction theory?

A

-when there is a series of events, the courts have held that the acts constitute one transaction

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8
Q

Which cases go with transaction theory?

A

-R V Church
-Thabo Meli V R

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9
Q

Thabo Meli V R?

A

-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.

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10
Q

R V Church

(continue AR)

A

-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.’

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