2020-Transferred malice

Question 1

what is transferred malice

Answer 1

when Ds mens rea is transferred from an intended victim to an unintended victim

Question 2

what is an example of transferred malice

Answer 2

D firing a gun at person A, but it misses and hits person B. Transferred malice allows for the intent to be carried from person to person

Question 3

R V Latimer

Answer 3

shows that criminality is the same regardless of who is affected by the action. in this case a man swung his belt at V and it hit W instead

Question 4

R v Mitchell

Answer 4

shows an example of manslaughter in transferred malice. D pushes E who knocks V who falls over and dies of their injury.

Question 5

R v Gnango

Answer 5

shows a case in which ‘bandana man’ tried shooting and killing Gnango but instead it hit a woman. Bandana man would have been guilty of murder if caught

Question 6

R v Grant

Answer 6

involved rival gangs in drive by shootings in which innocent civillians were injured

Question 7

why is Pembliton important

Answer 7

it was the case that established that malice can not be transferred from a person to an object

Question 8

can malice be transferred from a person to an object

Answer 8

No

Question 9

R v Pemblinton

Answer 9

man tried shooting person it missed and hit a window. no criminal damage as TM is only person to person