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Learning Objectives

Learning Objectives. Discuss the concept of transferred malice. Apply your new knowledge on transferred malice to an exam question in order to demonstrate understanding. Transferred Malice. This is where the D’s MR is transferred from the intended V to the actual V.

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Learning Objectives

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  1. Learning Objectives • Discuss the concept of transferred malice. • Apply your new knowledge on transferred malice to an exam question in order to demonstrate understanding.

  2. Transferred Malice • This is where the D’s MR is transferred from the intended V to the actual V. • P can use this approach to proving the MR of the crime as long as: • It is a similar type of offence • The MR will transfer person to person or object to object

  3. R v Latimer D was arguing with V1 and V2 in a pub and took off his belt and struck V1 one with it. The belt then bounced of V1 and struck V2. D was charged with battery on V2. R v Mitchell D became angry in a queue as the person in front would not move up. D pushed V1 who fell into V2. V2 , an old frail woman fell over and broke her hip R v Pembliton D threw a stone at a crown intending to hit one of the people. He missed and the stone broke a window instead. D was charged with criminal damage. R v Mitchell As it is a similar type of offence and it is person to person TM can be used. As M intended to push V1 with this proves the MR of battery which TM allows to transfer automatically to proving the MR on V2. The old lady died and D was charged with manslaughter and found guilty. R v Latimer As it is a similar type of offence and it is person to person TM can be used. As L intended to strike V1 with the belt this proves the MR of battery which TM allows to transfer automatically to proving the MR on V2. R v Pembliton As it isn't a similar type of offence and it person to object TM cannot be used. The P would have to prove either D intended or was reckless as to causing criminal damage.

  4. R v Latimer (1886) • D appealed on the ground that he had not intended to hurt the woman and therefore lacked the MR for the offence. • The court rejected his appeal stating that the MR of a crime does not have to relate to a named V.

  5. Mitchell (1983) • The court said that although there was no direct contact between the D and the V, she was injured as a direct result of his act…. • So the MR was transferred to the V.

  6. R v Pembliton Transferred malice did not apply as the breaking of the window (criminal damage) was not the same offence as hitting someone with a stone (battery). For D to be guilty, the prosecution would have to prove that D had the MR for criminal damage.

  7. Why? • To ensure that there is a conviction when someone is truly guilty.

  8. Now, try to answer this exam question… Explain the meaning of ‘transferred malice’. (5 marks) *June 10

  9. PLAN • Give a definition of transferred malice. • When is TM successful? State and explain a case. • When does TM not work? State and explain a case.

  10. Learning Objectives • Discuss the concept of transferred malice. • Apply your new knowledge on transferred malice to an exam question in order to demonstrate understanding.

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