transferred malice

Question 1

r v latimer
FACTS

Answer 1

d got into a fight in a pub with another man and hit the man with his belt which richoeted off and hit a woman

Question 2

r v latimer
LEGAL PRINCIPLE

Answer 2

d was liable for the woman’s injury’s despite not intending to harm her. The mes rea to harm the man was transferred to the woman

Question 3

r v mitchell
FACTS

Answer 3

The defendant tried to skip a queue in a post office, which an elderly man challenged the defendant pushed the man who fell onto an elderly woman who fell and died later the defendant was convicted of manslaughter and appealed that the unlawful act wasn’t directed at the woman. 

Question 4

r v mitchell
LEGAL PRINCIPLE

Answer 4

appeal dismissed as there as no requirement that the unlawful act be directed at the victim

Question 5

r v pemblition
FACTS

Answer 5

the defendant threw stones into a crowd in order to disperse it. a stone hit and broke a window. The defendant was convicted of criminal damage but appealed it

Question 6

r v pemblition
LEGAL PRINCIPLE

Answer 6

conviction quashed. his men’s rea for an offence against the person couldn’t be transferred to a property offence as these two offences are entirely different