Transferred Malice Flashcards
(4 cards)
1
Q
What is transferred malice?
A
If person A shoots at person B, intending to kill person B, but misses and kills person C instead, then person A’s MR/malice is transferred, and they will be liable for C’s murder
2
Q
When is transferred malice only applicable?
A
When the crime committed to a different party is the same one as intended for the original party
Intending to kill B but accidentally killing C instead
3
Q
What is the case for transferred malice?
A
R vs Latimer
4
Q
What is the POL from R vs Latimer?
A
D aimed a blow at someone with his belt, but his belt recoiled off that person and hit the victim, maliciously wounding them.
MR was transferred and D was liable for maliciously wounding V
