CRIMINAL LAW is this transferred malice?
Hi guys,
I have a scenario of assault where A has hit B who is intoxicated and B has fell and broke a glass and a bit has shattered and gone into A's eye. A is now permanently blind.
Is this transferred malice? If not can someone direct me?
Thanks in advance!
I have a scenario of assault where A has hit B who is intoxicated and B has fell and broke a glass and a bit has shattered and gone into A's eye. A is now permanently blind.
Is this transferred malice? If not can someone direct me?
Thanks in advance!
Start by considering: who's supposed to have committed a crime?
Original post by xmichaeela
Hi guys,
I have a scenario of assault where A has hit B who is intoxicated and B has fell and broke a glass and a bit has shattered and gone into A's eye. A is now permanently blind.
Is this transferred malice? If not can someone direct me?
Thanks in advance!
I have a scenario of assault where A has hit B who is intoxicated and B has fell and broke a glass and a bit has shattered and gone into A's eye. A is now permanently blind.
Is this transferred malice? If not can someone direct me?
Thanks in advance!
transferred malice involves 3 persons.
So the example you gave has nothing to do with transferred malice.
Look for the case of Latimer 1886.
Original post by TheDefiniteArticle
Start by considering: who's supposed to have committed a crime?
sorry
?Original post by Maura Kat
sorry?
sorry
?My point is that when identifying situations where TM could arise, you can't forget that you still fundamentally need the AR and MR of the original offence.
Original post by TheDefiniteArticle
My point is that when identifying situations where TM could arise, you can't forget that you still fundamentally need the AR and MR of the original offence.
You mind uploading the grades/marks you got for your law subjects?
Thank you very much indeed.
Original post by Maura Kat
You mind uploading the grades/marks you got for your law subjects?
Thank you very much indeed.
Thank you very much indeed.
Yeah, sure. A Level v. strong A (2 marks off A*). Currently studying law at Magdalen College, Oxford, on course for a strong 2.1, possibly a first. Only had moderations in terms of full university exams so far - 68 criminal law, 66 constitutional law, 64 roman law (standard 60 for 2.1, 70 for first).
Isn't this an exact duplicate of a thread you posted the other day?
As I said on that thread, you can't transfer malice onto yourself, else you'd be prosecuting A for blinding herself!
As I said on that thread, you can't transfer malice onto yourself, else you'd be prosecuting A for blinding herself!
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