Transferred malice Flashcards
What is meant by transferred malice?
-The mens rea of the defendant will be transferred from the intended victim to the unintended victim.
-A common law principle.
-Makes sure people are found guilty if the unintended result occurs rather than the actual one.
Which cases go with transferred malice?
-R V Latimer
-R V Pembilton
-R V Mitchell
What is meant by joint enterprise?
-‘if a person carries out a criminal act with another…
-that person can be liable for an offence even though they did not carry out the offence itself
Which case goes with joint enterprise?
R V Gnango
R V Latimer
-Latimer attempted to hit someone with a belt. He accidentally hit someone else.
-TM has to be person to person.
R V Mitchell
-A man in a queue pushed an elderly man who fell onto an elderly woman, who then subsequently died.
-transferred malice which goes through the original person.
R V Pembilton
-The D threw a stone and broke a window.
-Transferred malice only applies to offences of the same type.
R V Gnango
-there is no prevention in the law on joint enterprise to treat two defendants as acting together even if they were engaged in attempting to harm or murder each other.
Hence why transferred malice applied,
