U1B: Coincidence Rule

Question 1

What is the Coincidence Rule?

Answer 1

-Where AR + MR must coincide
AKA:
-Where it must be shown that D possessed the requisite MR AT THE SAME TIME the AR was committed

-Helps courts link together actions and ensure the defendant is held accountable

Question 2

What are the two elements for the Coincidence rule that must be established?

Answer 2

1. The events take place over a period of time; and
2. There is a chain of events.

Question 3

When is Chain of Events relevant?

Answer 3

-Cases where where the AR and MR don’t align perfectly at the same moment
-Demonstrates that they still coincide

Question 4

What are the two aspects of the chain of events?

Answer 4

1. Continuing AR
2. Continuing MR

Question 5

What is a case example of a continuing Actus Reus?

Answer 5

-Fagan V MPC

Question 6

What does Fagan v NPC prove?

Answer 6

-If the AR continues, and whilst it is still present the MR occurs, then they have coincided.
(needs to coincide)

Question 7

What is a case of example of a continuing Mens Rea?

Answer 7

-R V Church

Question 8

What does R v Church prove?

Answer 8

-MR occurred BEFORE AR.

-Proves that actus reus must be DANGEROUS and that all sober & reasonable people would recognise risk of some harm.

(defendant didn’t do so, which led to the death of Victim)