Concurrance Flashcards
Overarching case for the one transaction approach?
Thabo Meli
What is required for Concurrence?
READ SIMINSTER AND BROOKBANKS.
If the AR and MR don’t occur at the same time, the D is what?
Not liable.
Name the two scenarios where it would be unjust for D to escape liability for a lack of Concurrence?
- By a continuing act
2. One transaction approach.
What is a continuing offence?
The AR is an act or Omission that happens over and over again repetitively over time. As long as there is MR for one of those days then D is liable.
An example of where a contuning iffence is written into statute?
A further example of a continuing offence written into NZ statute?
S40 building Act: ‘fine for everyday or part of a day during the offence is continued.
What were the two problems with charging the D’s with murder in Thabo Meli?
- The strike intended to kill (MR) didn’t have the AR becuase V didn’t die.
- Rolling V killed V (AR) but no (MR) for murder as D’s thought V was already dead.
House of Lords intial rulling on Thabo Meli?
HOL said it was not two seprate events, instead one whole event.
Quote from HOL in Thabo Meli?
Appears impossible to divide up what was really one transaction in this way. There is no doubt the accused set out to do all these acts in order to achieve their plan”
What was New Zealand’s initial reaction to Thabo Meli and what case was it?
[Ramesy]- “Thabo Meli is not for NZ law because there was a pre-determined plan, in Ramsey he hadn’t planned it.
In what year Did New Zealand approve Thabo Meli and with what case?
1996-1999 [Churchis]
Facts of Chruchis?
D kicks V w/ a roundhouse,3 punches to head, 3 more punches when V down.
Questions asked by COA in Churchis?
- do you separate all the strikes (not Thabo) or do you say the 8 strikes were all part of one attack (thabo)
- can Thabo Meli apply to all MR and say it is a one trascation appraoch.
Ratio of Churchis?
Thabo Meli can apply in New Zealand.
