Miscellaneous

Question 1

Transferred malice

Answer 1

The idea that the MR of one offence can be transferred to another offence

Question 2

R v Latimer

Answer 2

Transferred malice

- Hit man in face with belt, ricocheted and hit a woman in the face. This was a transferral of MR

Question 3

R v Pembilton

Answer 3

Transferred malice
Threw stones into a crowd to disperse the crowd. One stone missed and hit a window. Charged with CD.
No conviction as the MR could not be transferred to a completely different offence

Question 4

R v G

Answer 4

• Recklessness
• Subjective awareness of the risk on the circumstances
• Objectively unreasonable to take that risk

Question 5

R v Woolin

Answer 5

• Oblique intent is possible where death or serious injury was a virtual certainty from the D’s actions