47972
Transferred malice
- Can be used to prove the mens rea of a crime
- It is when the mens rea to commit an offence to
one person is transferred onto the actual victim
- It is when the mens rea to commit an offence to
one person is transferred onto the actual victim
- It is illustrated in .....
- Latimer
- The defendant tried to hit one victim with a belt
but it recoiled and hit somebody else
- Here the defendant has committed the right actus reus and
mens rea which was transferred to the second victim
- He acted maliciously according to Cunningham recklessness
- The defendant tried to hit one victim with a belt
but it recoiled and hit somebody else
- Latimer
- Another case is .....
- Mitchell
- The defendant pushed a person in a queue which case and
old lady to fall and die
- Here the defendant has committed manslaughter
- The defendant pushed a person in a queue which case and
old lady to fall and die
- Mitchell
- Final case is .....
- Pembliton
- This case shows that the mens rea cannot be
transferred from one thing to another
- Here the defendant intentionally threw a stone at
someone that missed and smashed a window instead.
- The type of harm that occurred was not his intention
- The type of harm that occurred was not his intention
- The charge would have been criminal
damage through recklessness
- This case shows that the mens rea cannot be
transferred from one thing to another
- Pembliton
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