transferred malice

Question 1

Latimer

Answer 1

• demonstrates the principle
• Aimed blow with a belt at a man in pub but it bounced of and hit a woman in the face
• Guilty of battery against the woman
• Mens rea was transferred

Question 2

Mitchell

Answer 2

• Post office queue
• pushed elderly man who fell into elderly woman
• woman died
• D guilty of manslaughter as MR transferred

Question 3

Pembliton

Answer 3

• not guilty when the offence transferred is completely different
• threw a stone intending to hit a group of people
• stone hit and broke a window
• MR could not be transferred to the window