transferred malice Flashcards
1
Q
what is transfered malice?
A
this is when a dependent intends to kill one person but instead actually commits a similar crime to someone else which means that they can still be held guilty of the offence against the actual victim eg in LATIMER
2
Q
what other cases are ones of transfered malice?
A
R V MITCHELL
3
Q
what case was not one of transfered malice?
A
r v Pembliton
4
Q
what is transfered malice and coincidence of actus reus and mens rea
A
this is the principle that for a dependent to be guilty of a crime the actus reus and mens rea need to be proven at the same time eg Fagan v mpc