Transferred Malice Flashcards
meaning of transferred malice
where injury is aimed at one person but instead falls on another
-The defendant would still be liable or guilty
R v Mitchell 1983
key words:
-pushes, old lady died
- defend and fight guy and pushes him, old lady falls and dies
- the mens rea get transferred to the old lady
- guilty of assault
R v Latimer 1886
key words:
- belt, struck woman
- defend attacked a man with a belt because man man attacked him
- bounced off the man and struck the woman in the face
- guilty of assault
R v Pembilton 1874
(sounds like pebble,-> stone)
key words:
-stone, window, not guilty
- threw a stone intending to hit people who he had been fighting but he missed and broke the window
- intention to hit people could not be transferred to the window so he was not guilty
- person commuted mens rea of one crime and commuted actus reus of another so not guilty
contemporaneity rule (also known as coincidence rule)
-The defendant must have the Mens Rea at the same time as the Actus Reus- so they must coincide
exceptions to contemporaneity rule
1) where actus reus involves a continuing act and a later mens rea during this act can satisfy this
2) series of events occurring
Fagan v Metropolitan Police Commissioner
-Fagan told to pull to roadside, he did but drove car onto policeman’s foot by accident (actus reus here), policeman stated get off but fagan turns off engine and states ‘you can wait’ (a later mens rea during the continuing act)
Thabo Meli
-D attacks person, thinks he has killed him and pushes body off a cliff, V died of exposure
Church
- fights with woman, knocked her out and tried to bring her round (unsuccessful)
- thought she was dead and put her in the river where she drowned
cases
R v Mitchells R v Latimer R v Pembilton Fagan V Metropolitan Police Officer Thabo Meli Church
