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Criminal Law problem help

Hi i was wondering is someone could help me.

Scenario

Jeff ran out the house after ted said he would kill him. Ted gets in his car intending to chase after Jeff and run him down. As he pull out of the driveway he hits a bump. Jeff was intact hiding under the car. Jeff dies

Does Ted have the relevant Mens Rea for Murder?

Reply 1

Faild

Of course. He said that he would kill him as well as he shown that he is willing to do it by intending to chase after him.

Reply 2

WannabeJudge

Original post by miles.harmsworth

Well, yeah. He said he'd murder him and intending to run over him. In the end he ran over him anyway. So his Malice doesnt even need to be transferred, it still applies as Specific Intent to commit murder.

Reply 3

henrysaunders1

Yes, but mens rea can not prove to have formed until he got into the car intending to chase Jeff and run him down. One does not know the true intend of Ted merely from the conversation with Jeff. I agree with WannabeJudge, transferred malice does not apply. He had mens rea to kill or cause serious harm to Ted, and did.