coincidence rule

• What is the coincidence/contemporaneity rule?

  Where the AR and MR must meet at some point during the commission of the offence.
• What can the coincidence/contemporaneity rule occur as?

  Continuing act or sequence of events
• What case shows a continuous act + legal principle?

  Fagan v MPC, MR met the AR when the defendant realised what had happened and continued with it.
• What is the sequence of events?

  MR is present before the AR, provided they both meet at some point.
• What case shows the sequence of events?

  Thabo-Meli - where here is a sequence of events M may be present at any point in the sequence for it to meet with the AR of the offence.
• What is strict liability?

  Offences where the MR is not needed, the AR alone is enough to find a person guilty.
• What type of offences use strict liability?

  Usually offences related to protecting the Health and Safety of the public and the environment for example:

  • the preparation of food
  • Health and Safety in the workplace and
  • drinking offences such as drink driving