Stuck with CRIMINAL LAW, is this transferred malice?!?

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xmichaeela
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#1
Report Thread starter 6 years ago
#1
Hi guys,
I'm completely stuck on my criminal law assignment, basically the question is based on ASSAULT.
An incident has happened where A has slapped B who is intoxicated, he's fallen and broke his glasses and a piece has gone into A's eye leaving her permanently blind.
Is this transferred malice? If not could anyone direct me in the right direction please?
Any help in advance is greatly appreciated!
Thanks!!:confused:
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liarpoker
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It's not transferred malice, where's the third party?

It's possibly assault occasioning X harm
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Blackacre
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Surely blinding is GBH? Possibly also an argument for wounding since the glass pierced the eye, but I'm not sure if it'd count because it isn't "skin".

(Original post by liarpoker)
It's not transferred malice, where's the third party?

It's possibly assault occasioning X harm
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liarpoker
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(Original post by Blackacre)
Surely blinding is GBH? Possibly also an argument for wounding since the glass pierced the eye, but I'm not sure if it'd count because it isn't "skin".
Yeah I'd have thought so. I wasn't too sure, so didn't want to misled OP.
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Theflyingbarney
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How would it be transferred malice? You'd be prosecuting the woman for blinding herself...
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Cutmeloose
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(Original post by Theflyingbarney)
How would it be transferred malice? You'd be prosecuting the woman for blinding herself...
One of the worst problem question I've seen lol.
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Theflyingbarney
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(Original post by Cutmeloose)
One of the worst problem question I've seen lol.
Yeah, I suspect the OP must have copied it wrongly, e.g. if the glass went into B's eye you'd have a causation issue, or if it went into the eye of a third person you could throw transferred malice into the mix as well. As it is though it's just an obvious case of battery, and then karma.
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xmichaeela
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Report Thread starter 6 years ago
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Thanks so much guys.
I didn't think it was transferred malice, I know that A is liable for battery on B but wasn't sure about the glass in eye issue.
I'm just guna kinda ignore that and say he can't be liable I think... Because it seems a simple karma issue haha!
If the glass went into B's eye then A would ofc be liable of gbh or abh, but it went into her own eye. I think they're trying to catch us out as many of the class are talking about transferred malice and I didn't think it was because there's no third party for the intent to transfer over to.
Thanks for all your help guys!
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