Transferred Malice Flashcards
Transferred Malice
1
Q
When is a Defendant guilty of transferred Malice (and the case)?
A
If he intended to commit a similar crime but against a different victim, as seen in Latimer 1886 (belt)
2
Q
When does transferred Malice not apply?
A
When the initial mens rea is for a completely different type of offence than that which occurred, as seen in Pembliton 1874 (stone hit window instead instead of human)
