Transferred Malice & Coincidence of actus reus and mens rea

Question 1

What is transferred malice?

Answer 1

the principle that the defendant can be guilty if he intended to commit a similar crime but against a different victim

Question 2

What is an example of transferred malice?

Answer 2

AN example is aiming a blow at one person with the necessary mens rea for an assault causing ABH, but actually hitting another person

Question 3

What is the first case of transferred malice?

Answer 3

Latimer 1886

Question 4

Facts of Latimer 1886?

Answer 4

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

Question 5

What was the doctrine of transferred malice confirmed by?

Answer 5

the obiter statement by the House of Lords in the case of Attorney General’s Reference 1997.

Question 6

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?

Answer 6

Latimer 1886

Question 7

When may D not be guilty under transferred malice?

Answer 7

where the mens rea is for a completely different offence

Question 8

What was the case of Pembliton 1874?

Answer 8

D threw a stone intending to hit someone, stone broke a window. Intention to hit people could not be transferred to a window.

Question 9

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?

Answer 9

Pembliton 1874

Question 10

What is a more recent case on transferred malice?

Answer 10

Gnango 2011

Question 11

what happened in the case of Gnango 2011?

Answer 11

G and another man shot at each other. B shot and killed V. G was convicted of murder. COA quashed conviction. Supreme Court reinstated.

Question 12

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?

Answer 12

Gnango 2011

Question 13

Why did the Supreme Court find Gnango (2011) guilty of murder?

Answer 13

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 .

Question 14

What is general malice?

Answer 14

this is when D may not have a specific victim in mind

Question 15

What is an example of general malice

Answer 15

a terrorist who plants a bomb in a pub intending to kill or injure anyone who happens to be there

Question 16

In order for an offence to take place what must be present at the same time?

Answer 16

actus reus and mens rea

Question 17

What is an example of why you need both the actus reus and mens rea present in order for an offence to take place?

Answer 17

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.

Question 18

What did the court have to decide in Thebo Meli v R 1954?

Answer 18

whether the actus reus and mens rea were present together

Question 19

What happened in the case of Thebo Meli v R 1954?

Answer 19

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

Question 20

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?

Answer 20

Thebo Meli v R 1954

Question 21

Why were D’s in Thebo Meli v R 1954 found guilty of murder?

Answer 21

as the mens rea and situs rea were combined in a series of acts

Question 22

What happened in the case of Church 1965 which was a smilier situation to Thebo Meli v R 1954?

Answer 22

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.

Question 23

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?

Answer 23

Church 1965

Question 24

What is a continuing act?

Answer 24

This is where the actus reus is on going

Question 25

How can a continuing act lead to D being guilty?

Answer 25

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

Question 26

Which case illustrates the continuing act?

Answer 26

Fagan v Metropolitan Police Commissioner 1986

Question 27

What happened in the case of Fagan v Metropolitan Police Commissioner 1986?

Answer 27

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

Question 28

Why was F convicted of assaulting the police officer in the execution of his duty?

Answer 28

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.