Transferred Malice Flashcards
1
Q
R v Latimer
A
Latimer threw a bottle at someone’s head. He missed and hit a woman instead. His intended victim was a man in the pub. Use for cases of transferred malice between like offences
2
Q
R v Pembilton
A
Pembilton threw a brick at a person, missed and hit a window instead. He has a different mens Rea as the crimes of ABH and property damage are not similar. Mens rea cannot be transferred
3
Q
R v Thabo-Meli
A
A group of gang members ambushed the victim and beat him with bats. They assumed he was dead and threw him off a cliff. He died days later from exposure. Use for coincidence.
