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Transferred Malice

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by

Michaela Wood

on 24 October 2013

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Transcript of Transferred Malice

Transferred Malice
What is transferred malice?
Where the Mens Rea of one offense can be transferred to another

e.g.
A shoots B intending to kill B
A misses B and kills C
Transferred malice operates so that the mens rea of A's intention to kill B can be transferred to the killing of C
Therefore A is Liable for the murder of C
R v Latimer (1886)
Defendant got into a fight in a pub
Used his belt to hit the man
Belt ricocheted and hit a woman
Held that the defendant was liable for injury of the woman
mens rea to cause harm to the man was transferred
R v Saunders (1573)
Defendant gave his wife an apple which he'd poisoned
The wife took a bite and then gave it to their daughter
The daughter died
Held that the defendant was liable for the murder of the daughter
intention to kill wife was transferred
Transferred malice does not operate where the crime which occurred was different from that intended
R v Pembliton (1874)
Defendant threw stones into a crowd
A stone smashed a window
Defendant convicted of criminal damaged
Appealed
Held; conviction was quashed
different offense
A-G Ref No.3 of 1994 [1997]
Defendant stabbed pregnant girlfriend in face, abdomen and back when 22-24 weeks pregnant
17 days after incident, woman went into premature labour, and gave birth
The baby died 121 days later due to being premature
Defendant charged with wounding and GBH on the mother
ALSO charged with murder and manslaughter of baby
Held; could not be murder but could be constructive manslaughter provided causation was proved
Full transcript