Transfered Malice Flashcards

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1
Q

What is the transferred malice rule?

A

D can be guilty if he intended to commit a similar crime but against a different V

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2
Q

1 case used for transferred malice

A

Pembilton

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3
Q

What does the case of Pembilton say about transferred malice ?

A

D threw a stone at his intended V but missed and broke a window. Mr of intending to cause harm to V was not transferred to the window. Offence on new V was different to intended

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