Transferred Malice

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What is transferred malice?
it is where the defendant intends to harm one specific person but their actions harm other people
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Are you liable?
Even if the intention was not their if someone harms another person they are still liable for their injuries
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what is the case of R v Saunders 1573?
the defendant gave his wife an apple which he had poisoned with arsenic, he wanted to kill her so that he could marry another, the wife took a bite from the apple and then gave it to her daughter, the daughter died

defendant was liable for daughters dea
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what is the case of R v Latimer 1886?
the defendant got into a fight in a pub with another man, he took off his belt and hit the man with the belt, the belt ricocheted off and hit a woman in the face

the defendant was liable for the injuries despite the fact he did not intend harm
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what is the case of R v Pembliton 1874?
the defendant threw some stones into a crowd of people, he wanted to disperse the crowd, a stone hit and smashed a window, he was convicted of criminal damage and appealed

his conviction was quashed, his mens rea for an offence against the person could
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Other cards in this set

Card 2

Front

Are you liable?

Back

Even if the intention was not their if someone harms another person they are still liable for their injuries

Card 3

Front

what is the case of R v Saunders 1573?

Back

Preview of the front of card 3

Card 4

Front

what is the case of R v Latimer 1886?

Back

Preview of the front of card 4

Card 5

Front

what is the case of R v Pembliton 1874?

Back

Preview of the front of card 5

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