Tansferred Malice Flashcards
What is transferred malice?
When the defendants men’s rea is transferred from the intended victim to the actual victim. For these to be transferred the actus reus and the men’s rea for the same offence must be present at the same time
Is the actus reus and the men’s rea is for a completely different crime is the defendant guilty or not guilty?
Not guilty, the must be for the same offence and present at the same time
R v Latimer (1886)
Latimer intended to struck his intended victim but missed and injured a woman nearby. He was liable for her injuries as the men’s rea was transferred from
What is general malice?
In some cases the defendant may not have a specific victim in mind. The defendants men’s rea is applied to the actual victim.
R v Mitchelle
Case facts:
The appeals y hit an old man and pushed him and the man fell back into an elderly lady who fell and broke her leg who later died.
Point of law:
The defendant was convicted of manslaughter and appealed contending that the unlawful act was not directed at the woman. The conviction was upheld.
Pembleton 1874
Case facts:
The defendant threw a stone intending to hit people but broke a window.
Point of law:
He was found not guilty as the intention to hit people couldn’t be transferred to a window.
