Transference Of Malice and Coincidence Rule Flashcards
1
Q
What is the Transference of Malice and Case?
A
Transference of Malice is where the defendant’s malice (intention) is transferred from the intended victim to the actual victim. (Latimer)
2
Q
What does Pembilton state?
A
Pembilton states that malice (intention) can only be transferred between similar crimes and between person to person or object to object.
3
Q
What is the Coincidence Rule and Case?
A
The Coincidence Rule states that the Actus Reus and Mens Rea are a continuing act and as long as they occur “at some point” along the chain of causation the crime will be complete. (Church)
