Transferred Malice

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  • Transferred Malice
    • Definition
      • Occurs when the defendant Mens Rea is transferred from the intended victim to the actual victim.If the defendant has the Mens Rea of a crime and commits the Actus Reus he is guilty despite it being different from what was intended. The Mens Rea is simply transferred to the new Actus Reus.
    • Crimes of the Same Type
      • Transferred Malice only applies to crimes of the same type. (Rv Latimer (1886) and Rv Mitchell (1983).
    • Crimes of a Different Type
      • Malice can't be transferred between crimes of a different type. The harm done must be of the same kind as the harm intended. (Rv Pembliton (1874).

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