Transferred Malice

• What is the principle of transferred malice?

  The defendant can be guilty of an offence if he intended to commit a similar crime against a different victim.
• How does transferred malice work in the context of mens rea?

  The mens rea is transferred from the intended victim to the actual victim.
• In the case of Latimer, what was the outcome for D when he hit a woman instead of the intended man?

  D was guilty of an assault against the woman, even though he had not meant to hit her.
• Can mens rea be transferred between different types of offences?

  No, mens rea cannot be transferred between different types of offences.
• What was the outcome in the case of Pembleton regarding the stone thrown by D?

  The intention to hit people could not be transferred to the window.
• What is the contemporaneity rule in criminal law?

  • Also known as the coincidence of actus reus and mens rea
  • Both the AR and MR must be present at the same time for an offence to occur
  • Courts have developed ways to prevent carelessly guilty defendants from exploiting this rule
• In the case of Fagan, how was the actus reus considered a continuing act?

  The AR started when D first applied force to the foot and continued until he formed the MR by refusing to move.
• What was the ruling in the case of Church regarding the series of events leading to manslaughter?

  D was guilty of manslaughter as the AR was a series of events and D’s MR continued throughout.
• How did the court determine that D's mens rea continued throughout the events in the Church case?

  The MR from the initial attack continued until the AR was complete.