transferred malice

Cards (3)

  • R v Mitchell - Transferred malice
    The defendant became angry in a queue as the person in front would not move up. The defendant pushed the first victim who fell into the second victim. The second victim, an old frail woman, fell over and broke her hip
  • R v Latimer - Transferred malice
    The defendant was arguing with the first victim and second victim in a pub and took off his belt and struck the fist victim with it. The belt bounced off and struck the second victim
  • Pembliton - Transferred malice - if the mens rea is for a completely different type of offence then the defendant is acquitted (not guilty)
    The defendant threw a stone intending to hit people but the stone hit and broke a window ( a property)