Mens Rea Flashcards
1
Q
What is meant by Transferred malice?
A
Where D’s mens rea transfers from the intended V to the actual V (the one who ends up injured)
2
Q
Legal principle of Latimer
A
His MR was transferred from intended V to actual V when he aimed to hit intended V with a belt, guilty under s20 OAPA
3
Q
What was the HELD of R v Pembilton?
A
D’s MR could not be transferred to property as this was a different type of crime, thus his conviction for damage to the window was quashed
