Review Note
Last Update: 04/23/2024 09:18 PM
Current Deck: crim law
Published
Fields:
Front
doctrine of transferred malice
Back
Applies where D aims to harm one person/property but misses and harms another
If D has the mens rea required in order to commit an offence against a specific person/property, but commits the actus reus against a different person/property - the mens rea in relation to the intended target will be transferred to the actual victim
Cases illustrating the doctrine of transferred malice:
R v Latimer [1886] 17 QBD 359 – the actus reus was performed in relation to the secondary victim – mens rea in relation to the man/person that he initially intended to strike was transferred to her
R v Mitchell [1983] 76 Cr App R 293
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