Transferred Malice Flashcards
1
Q
How does LATIMER define transferred malice?
A
Where Ds mens rea is directed at one person but D harms someone else, he can still be guilty. In such cases Ds state of mind is transferred to the actual victim.
2
Q
When does PEMBLITON say the principle of transferred malice is not available?
A
The principle of transferred malice is not available to make D guilty where Ds means rea is for a completely different type of offence.
