transferred malice (AR) and coincidence (MR) cases

Question 1

R v Latimer (1886)

Answer 1

facts:
- D aimed a blow with a belt at a man in a pub but struck a woman in the face.
- He was guilty if a malicious wounding against the woman

significance:
- the intention towards the original victim can be transferred to the actual victim if the same crime

Question 2

R v Mitchell (1983)

Answer 2

brief facts:
- D pushed an old man who fell back onto an elderly lady who fell back and broke her leg

significance:
- the intention towards the original victim can be transferred to the actual victim if the same crime

Question 3

R v Pembliton (1874)

Answer 3

facts:
- During a fight, D threw a stone and broke a window but he had intended to hit other people by throwing it into the crowd.

significance:
- the intention towards the original victim cannot be transferred to the actual victim if it is not the same crime

Question 4

Fagan v MPC (metropolitan police commissioner) (1968)

Answer 4

facts:
- D drove onto a policeman’s foot without realising had done so.
- when told about it, he initially refused to move his car

significance:
- AR was present and then MR as part of a continuing act (coincidence)

Question 5

R v Church (1965)

Answer 5

facts:
- D had a fight with a woman and knocked her unconscious.
- D then threw her body into a river, due to believing she was dead

significance:
- AR and MR were both present as part of a series of acts (coincidence)