Transferred Malice Flashcards
What is transferred Malice
If a defendant attempts to commit a crime against one person but, in doing so actually commits a similar crime against someone else they can be held guilty of offence against actual victim.
Cases for transferred Malice: (2)
Latimer - argument in pub with belt
Mitchell - defendant who pushed in post office queue
Case example for where the two offences are different so no transfer of malice.
Pembliton 1874 - defendant involved in fight through stone at his attackers. Stone broke a window. Defendants intention to hit attackers could not be transferred to window.
What is coincidence of AR and MR case?
Fagan 1969 - police officers foot had men’s rea as he remained on the foot.
Case for continuing act theory
Church - sex by river, hit women over head. Thought she was dead so threw her in river. Wasn’t dead and drowned. Convicted of manslaughter due to continuing acts.
