Transferred malice

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

Resource summary

	Created by hayley almost 12 years ago