Coincidence Flashcards
(4 cards)
Case law for transferred malice.
R v Latimer - D’s mens rea can be transferred from the intended victim to the actual victim, meaning D is still guilty.
Case law for exception to transferred malice rule.
R v Pembliton - You cannot transfer intention to hit people to property and vice versa.
Case law for Single Transaction Theory
R v Thabo Meli - Where the MR happens first.
The court will extend the MR to meet the AR to treat the events as one “single transaction” with the MR continuing throughout.
Continuing Act Theory.
Fagan v MPC - Where the AR happens first
The Court will extend the AR to meet the MR. The court will treat this as one “continuing act” with the AR continuing throughout.