Transfer malice and coincidence rule

• What is the principle of transferred malice?


  If a defendant commits a crime against one person while intending to commit a similar crime against another, they can be held guilty for the actual victim.
• In the case of Latimer (1886), what happened to the defendant's intended victim?


  The defendant aimed to hit a man but accidentally hit a woman instead.
• How was the defendant in Mitchell (1983) held liable for the elderly lady's death?


  The defendant's mens rea was transferred from his intended victim to the elderly lady.
• What is required for the concept of transferred malice to apply?


  The two offences must be similar.
• What was the outcome of the Pembliton (1874) case regarding transferred malice?


  The defendant was not found guilty as the intention could not be transferred to the broken window.
• In R v Gnango (2011), why was Gnango convicted of murder?


  Gnango was convicted because he participated in a shootout, which led to the death of an innocent passer-by.
• How does the case of Thabo Meli (1954) illustrate the contemporaneity rule?


  The defendants were convicted of murder despite their belief that the victim was dead when they threw him off the cliff, as their actions were a series of connected acts.
• What happened in the Church (1965) case regarding the contemporaneity rule?


  The defendant was convicted of manslaughter after he threw an unconscious woman into a river, believing she was dead.
• What does the continuing act doctrine imply in the context of Fagan -v- Metropolitan Police Commissioner (1986)?


  It implies that if the actus reus is ongoing and the mens rea is present, the defendant can be found guilty.
• What was the outcome of the Fagan case regarding the policeman?


  Fagan was convicted of assaulting a policeman while the actus reus was still ongoing.
• What are the key principles of transferred malice in criminal law?


  • A defendant can be guilty for a crime against an unintended victim if the crime is similar.
  • The mens rea must be transferred from the intended victim to the actual victim.
  • The offences must be similar for transferred malice to apply.
• What is the contemporaneity rule in criminal law?


  • The actus reus and mens rea must be present simultaneously for a conviction.
  • In some cases, a series of acts can combine the two elements.
  • Ongoing acts can satisfy the requirement if mens rea is present during the act.