criminal- coincidence Flashcards
1
Q
coincidence meaning
A
. the MR + AR should take place at the same time> the courts have developed two principles to accommodate where this is not the case
2
Q
continuing act
A
. where the D realises the MR after doing the AR- R v Miller
3
Q
series of acts
A
. where the D forms the MR + AR at different times, usually because they believe something has already happened- R v Thabo Meli
4
Q
transferred malice
A
. where D aims to attack a person, but misses so D’s AR affects V
. an MR of the same type of AR can transfer to a new AR- R v Latimer
. where the MR is not of the same type- ie physical harm to criminal damage, it cannot- R v Pembilton