Transferred Malice Q1

Question 1

Intro to transferred malice

Answer 1

• Ds mens rea is transferred from the intended victim to the actual victim.
• This means that a D can still be guilty of a crime if he intended to commit a similar crime but against a different victim.
• The actus reus must be similar.

Question 2

What are the 3 cases?

Answer 2

• Latimer
• Mitchell
• Pembliton

Question 3

Latimer

Answer 3

Latimer: D swung his belt at A but struck B. D’s mens rea for A was transferred to B, in order to establish criminal liability for the assault against V.

Question 4

Mitchell

What does this case also point out?

Answer 4

Mitchell: D pushed a man who fell back into an old woman. The woman was knocked over and later died of her injuries. D’s malice (MR) was transferred from
the old man to the old woman and D was found guilty of manslaughter. Although Ds MR can be transferred from one V to another, it cannot be transferred from type of crime to another.

Question 5

Pembliton

What does this case also point out?

Answer 5

D threw a stone intending to hit people in a crowd. Instead he broke a window. His intention to hit people could not be transferred to the offence of criminal damage that he actually committed. The actus reus was too different.