Criminal- Transferred Malice Flashcards
0
Q
Victim to victim not crime to crime
A
Mens rea can only be transferred from victim to victim not from crime to crime
Pembliton
D’s mens rea for hitting a crowd of people cannot be transferred to the broken window that he caused
1
Q
Intended victim to actual victims
A
D’s mens tea is transferred from his intended victim to actual victim
Latimer
D’s mens tea for hitting the first man was transferred to his actual victim