Transferred malice, Mistake and Strict liability

Question 1

transferred malice

Answer 1

if you intend to kill A but kill B unintentionally instead then transferred malice applies

Question 2

Limits to transferred malice

Answer 2

o Transferred malice will not assist where D has the MR for one crime and AR for another-D must have the MR for the crime charged.
 Cannot mix and match MR for different crimes.
o No double or general transfer of MR-where a man stabs a pregnant woman intending to kill her, but also injures the foetus, who is born alive but later dies from their injuries, the MR for murder cannot be transferred.

Question 3

Mistake

Answer 3

effect depends on the mistake:
- Ignorance of the law = doesn’t make a difference to liability
- Mistakes that negate mens rea:
mistake of fact i.e. taking wrong umbrella thinking it was theirs;
if MR requires is intention or recklessness no need for mistake to be reasonable and if negligence mistake must be reasonable

Question 4

Strict liability

Answer 4

offences where there is no need to prove mes rea

Question 5

What offences come under strict liability?

Answer 5

• driving offences i.e. speeding or driving without insurance
• where no mens rea is states then court may infer require state of mind into the offence
• if offence targets group of people obliged to act carefully to protect public from harms arising from food, drugs and alcohol or industrial activities that pose a danger bro likely to be strict liability
• if offence has the effect of encouraging compliance with the law i.e. selling lottery tickets to underage person - more likely to be a strict liability offence