Transferred malice Flashcards
1
Q
What is the definition of transferred malice?
What are the cases?
A
This is the principle that a defendant can be found guilty if he intends to commit a similar crime but against a different victim for example aiming to hit one person with a necessary mens rea for battery but instead hitting another.
Latimer held - the intention to strike the man was transferred to the woman and therefore he was liable, despite having no intention to injure her.
Pembliton held - the court held It’s not possible to transfer the malice to strike a person to the situation of maliciously damaging property.
