Transferred Malice & Coincidence of actus reus and mens rea Flashcards
What is transferred malice?
the principle that the defendant can be guilty if he intended to commit a similar crime but against a different victim
What is an example of transferred malice?
AN example is aiming a blow at one person with the necessary mens rea for an assault causing ABH, but actually hitting another person
What is the first case of transferred malice?
Latimer 1886
Facts of Latimer 1886?
D aimed belt at man but hit V. D was guilty of assault against a woman even though he did not mean to hurt her
What was the doctrine of transferred malice confirmed by?
the obiter statement by the House of Lords in the case of Attorney General’s Reference 1997.
D aimed belt at man but hit V. D was guilty of assault against a woman even though he did not mean to hurt her
What case is this?
Latimer 1886
When may D not be guilty under transferred malice?
where the mens rea is for a completely different offence
What was the case of Pembliton 1874?
D threw a stone intending to hit someone, stone broke a window. Intention to hit people could not be transferred to a window.
D threw a stone intending to hit someone, stone broke a window. Intention to hit people could not be transferred to a window.
What case is this?
Pembliton 1874
What is a more recent case on transferred malice?
Gnango 2011
what happened in the case of Gnango 2011?
G and another man shot at each other. B shot and killed V. G was convicted of murder. COA quashed conviction. Supreme Court reinstated.
G and another man shot at each other. B shot and killed V. G was convicted of murder. COA quashed conviction. Supreme Court reinstated.
What case it this?
Gnango 2011
Why did the Supreme Court find Gnango (2011) guilty of murder?
because by agreeing to shoot with another man he was also aiding and abetting the other mans attempt to murder him. G participated in the attempted murder of himself, therefore also guilty of the murder of V .
What is general malice?
this is when D may not have a specific victim in mind
What is an example of general malice
a terrorist who plants a bomb in a pub intending to kill or injure anyone who happens to be there
In order for an offence to take place what must be present at the same time?
actus reus and mens rea
What is an example of why you need both the actus reus and mens rea present in order for an offence to take place?
for example, if you go to your neighbours house intending to assault them but upon arrival you do not, you cannot be guilty of assault even if you had the mens rea.
What did the court have to decide in Thebo Meli v R 1954?
whether the actus reus and mens rea were present together
What happened in the case of Thebo Meli v R 1954?
D’s attacked and believed they had killed a man, then they threw him off a cliff. V survived but died of exposure. D’s were convicted of murder
D’s attacked and believed they had killed a man, then they threw him off a cliff. V survived but died of exposure. D’s were convicted of murder
What case is this?
Thebo Meli v R 1954
Why were D’s in Thebo Meli v R 1954 found guilty of murder?
as the mens rea and situs rea were combined in a series of acts
What happened in the case of Church 1965 which was a smilier situation to Thebo Meli v R 1954?
D knocked out V in a fight. He tried to bring her round for half an hour. He thought V died and put her in river. She drowned. Conviction for manslaughter upheld.
D knocked out V in a fight. He tried to bring her round for half an hour. He thought V died and put her in river. She drowned. Conviction for manslaughter upheld.
What case is this?
Church 1965
What is a continuing act?
This is where the actus reus is on going
How can a continuing act lead to D being guilty?
if there is a continuing act for the actus reus and at some point D has the necessary mens rea then the two coincide and D will be guilty
Which case illustrates the continuing act?
Fagan v Metropolitan Police Commissioner 1986
What happened in the case of Fagan v Metropolitan Police Commissioner 1986?
F was told by police officer to park on curb. F drove on V’s foot without realising. F refused to move car. F was asked several times to move the car. F eventually moved the car. F was convicted of assaulting the police officer in the execution of his duty
Why was F convicted of assaulting the police officer in the execution of his duty?
COA held that one Fagan knew the car was on the police officers foot he had the required mens rea. As the actus reus was a continuing act the two coincided and Fagan was found guilty.
