Transferred Malice Flashcards
1
Q
Transferred malice
A
Operates where the men’s rea for a crime can be transferred from an intended victim to an actual victim
2
Q
Where does transferred malice operate
A
It operates only in crimes of the same type
3
Q
When does transferred malice not operate
A
Where the crime which occurred was different from that intended
4
Q
R v Pembilton
A
His men’s Rea for an offence against the person could not be transferred to a property offence as they are entirely different offences
5
Q
R v Saunders
A
Gave wife an apple with poison
Her and her daughter ate it
Daughter died
