Double Effect and Transferred Intent

Question 1

What does the Principle of Double Effect allow?

Answer 1

An action intended to achieve a good outcome to be lawful, even if it results in a foreseeable but unintended harmful consequence

The harm must not be the primary purpose of the action.

Question 2

What are the key requirements for the Principle of Double Effect?

Answer 2

• The primary intention must be to achieve a legitimate aim (e.g., pain relief)
• The harmful consequence must be incidental, not the goal
• The action must be proportional to the intended benefit

Question 3

What was the key case for Double Effect?

Answer 3

Airedale NHS Trust v Bland

Facts: Doctors administering pain relief that might incidentally shorten life.

Question 4

What was the legal principle established in Airedale NHS Trust v Bland?

Answer 4

The patient’s death is regarded as caused by the underlying condition, not the treatment.

Question 5

What does the Principle of Transferred Intent allow?

Answer 5

The mens rea for one crime to transfer to another victim or target, provided the harm caused is within the same category as intended harm.

Question 6

What was the key case for Transferred Intent?

Answer 6

People (DPP) v Ryan

Facts: X shot the victim, mistakenly believing it was someone else.

Question 7

What limitation exists for Transferred Intent regarding categories of harm?

Answer 7

Intent cannot transfer between different categories of harm

Example: Intention to harm a person cannot transfer to property damage.

Question 8

What was established in R v Latimer regarding Transferred Intent?

Answer 8

Mens rea transferred because harm caused was of the same type (person-to-person).

Question 9

What limitation does AG’s Ref No. 3 of 1994 place on Transferred Intent?

Answer 9

Intent does not transfer through a chain of events.

Question 10

What was the outcome of R v Pembliton?

Answer 10

Intent to harm people could not transfer to property damage.

Question 11

What are the key points to consider for problem questions regarding Double Effect?

Answer 11

• Establish Primary Intention: Is the goal legitimate (e.g., pain relief)?
• Distinguish from Assisted Suicide: Highlight that the harm (death) is incidental and not the purpose
• Proportionality: Ensure the action is appropriate to achieve the intended benefit

Question 12

What was the holding in Re JJ regarding pain relief?

Answer 12

Distinction upheld between assisted suicide and palliative care that incidentally hastens death

Such care remains lawful under the prohibition of euthanasia.