Transferred Malice Flashcards
1
Q
What is transferred malice?
A
This is where D can be guilty if he intended a similar crime but it was against a different victim.
2
Q
2 cases for transferred malice?
A
Latimer
Gnango
3
Q
What happened in Latimer?
A
D aimed a blow with a belt at a man in a pub but it bounced off and hit a woman in the face. D was guilty of an assault even though he didn’t meant to hit her.
4
Q
What happened in Gnango?
A
G and bandanna man shot each other bandanna man hit a passerby and killed her. G was convicted of murder COA quashed it but SC reinstated it.
He had aided and abetted B so was guilty of attempted murder. ( 17 years old )
5
Q
What is General malice?
A
D may not have a victim in mind. E.g terrorist. So in these situations Ds MR is held to apply to the actual victim.
