General And Transfered Malice Flashcards
1
Q
What is transferred malice
A
If d had intention or recklessness to commit crime against a victim but actually commits it against another unintended victim
2
Q
Case for transferred malice when a man hit a belt at a man but hit a woman
A
R v Latimer
3
Q
Another transferred malice in a post office
A
R v Mitchell
4
Q
To transfer malice the crime must be the same type case
A
R v pembltion
5
Q
What is general malice
A
When d has no specific victim in mind. D try’s to argue no specific men’s rea for v but this is invalid
6
Q
What is malice
A
Doing something intentionally or being reckless
