Mens Rea - Transferred Malice

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  • Created by: Max_
  • Created on: 26-01-16 09:09

Introduction

Transferred Malice

This is where a defendant attempts to commit a crime to a particular person, but out of chance he accidently comits the malice to someone else. These can be outlined in the case of R v Latimer and R v Pembilton

Malice can only be transferred if the crimes are similar.

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R v Latimer Case facts

R v Latimer

This was where two gentlemen, started a fight in a pub. One of the men, (Latimer) took his belt off and attempted to strike the other man with it. He hit him but the belt ricocheted and hit a passing women who lost her eye as a result.

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Transferred malice

Can the Malice be transferred?

In the case of R v Latimer the malice can be transferred, this is due to the crime he intended to be similar to the consequence which actually arose.

In the case of R v Pemibilton, malice can't be transferred because what he intended to do was different to what occured.

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Summary

Summary

Malice can only transferred when the offences are similar.

Criminal damage is not the same as assault.

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