Transferred malice Flashcards
1
Q
What is meant by transferred malice?
A
The mens rea of the victim is transferred from the intended victim onto the unintended victim.
2
Q
What are the 3 main cases?
A
- R V Latimer
- R V Mitchell
- R V Gnango
3
Q
R V Latimer?
A
‘person to person’
4
Q
R V Mitchell?
A
old man to lady, an example going through the original person.
5
Q
R V gnango?
A
Joint enterprise- if they are activley trying to harm or kill eachother, they will be charged whoever did it.
