Transferred malice
- The defendant is usually guilty if they have committed the Actus Reus and Mens Rea of a crime but sometimes there may be an unexpected turn of events such as killing the wrong person.
- The defendant may argue that while the Actus Reus relates to the actual victims there was no Mens Rea. The court are unwilling to find that the defendant is not guilty in such a situation so they developed the doctrine of transferred malice.
- However if the defendant with the Mens Rea of one crime commits the actus reus of another the position changes.
Case: R v Latimer (1886), R v Pembliton (1874).
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