Transferred Malice and Coincidence of AR and MR

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  • Created by: pdg16
  • Created on: 25-03-18 14:47

Transferred Malice

Where D acts/fails to act with mens rea for the offence directed to X but D's conduct in fact impacts on V, the MR directed towards D is transferred to the actual victim.

R v Latimer 1886- The mens rea the D he had to cause harm to the man was transferred to the woman

R v Pembltion 1874 - Conviction quashed, D's mens rea for an…

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