Transferred Malice and Coincidence

• Transferred Malice:

  • RULE: Mens Rea can be transferred from one person to another, it cannot be transferred from one offence to another.
  • R v Latimer (1886)
  • R v Gnango (2011)
  • R v Pembilton (1874)
• R v Latimer (1886):

  • Man intended to hit man with his belt after an argument in a pub. Instead he hit a woman standing nearby. He was guilty as his intention was transferred.
• R v Gnango (2011):

  • D and another ('Bandana Man' - who was never caught) were shooting at one another in a car park. An innocent passer-by was shot and killed. He was guilty as the intention to kill was transferred from 'Bandana Man' to the victim.
• R v Pembilton (1874):

  • D threw stones at a group of people. He missed and broke a nearby window with the stones. He intended to break up the crowd and was reckless in regard to injury to the crowd. However he was not guilty of criminal damage, as the intention could not be transferred between offences.
• Coincidence of Actus Reus and Mens Rea:

  • The rule is that the actus reus and the mens rea must exist together at the same moment in time.
  • If there is no coincidence of actus reus and mens rea - so they do not exist at the same moment in time - the there is no criminal damage.
  • However, can still exist where actus reus is seen as either a continuous act, or there are a series of acts forming actus reus.
  • Fagan v MPC (1986)
  • R v Thabo Meli (1954)
• Where there is a continuous act - Fagan v MPC (1986):

  • D accidentally dove his car onto a police officer's foot, unaware he had done so. However, wen asked to remove the car he refused to do so.
  • He was guilty as this was seen as a continuous act.
• Where there is a series of acts - R v Thabo Meli (1954):

  • 4 men beat the victim and - believing he was dead - threw his body off a cliff. The victim was actually alive when he was thrown, but died of hyperthermia at the bottom of the cliff. They argued AR and MR did not coincide.
  • They were guilty because it was a series of connected acts, with AR and MR present during those acts.