Transferred Malice Flashcards
1
Q
Define Transferred Malice
A
Transfer D’s state of mind as well as intention on to another person.
Includes mistaken identity
2
Q
Principle of Transferred Malice
A
D liable for offence if he has mens rea for crime but commits different actus reus to one intended
3
Q
Two cases of Transferred Malice
A
Latimer [1886]
Mens rea toward E transferred to V
Mitchell [1983] - unlawful and dangerous act manslaughter
D hit E who fell on to V
4
Q
Comment by Lord Mustill
A
A-G’s Reference [1997]
Effect of transferred malice is that the intended V and actual V are treated as one
5
Q
Two further cases of transferred malice
A
Gnango [2011]
Baby born prematurely after stabbing and died
Pembliton [1874] Limitation
Compatibility of crime intended and crime charged
