Transferred Malice

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  • Created by: Unknown26
  • Created on: 30-03-13 16:43
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  • Transferred Malice
    • Is where the defendant had the necessary mens rea for a crime against one person, but actually commits  the actus reus against someone else.
      • E.g. the defendant wants to hit a person and cause harm to them, but accidentally hits someone else.
        • The defendant would still be liable because the mens rea that they had has transferred to the actual victim.
    • Case of Latimer in which the defendant hit another man with a belt, but the belt hit a woman in face. Even though Latimer had not intended to hit the woman, the intention he had for the man was transferred and he was found liable for battery against her.
      • Mens rea can only be transferred for similar offences, e.g in Pembilton, he was not found liable.

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