Transferred Malice????? URGENT HELP PLEASE!
PLEASE COULD SOMEONE ANSWER MY QUESTION ASAP! REALLY NEED HELP!
If someone intends to cause a battery towards person A but causes GBH to person B does transferred malice apply? Or would the mens rea not transfer since D intended an assault but caused B to get a GBH as they are different offences?
If someone intends to cause a battery towards person A but causes GBH to person B does transferred malice apply? Or would the mens rea not transfer since D intended an assault but caused B to get a GBH as they are different offences?
Transferred malice does not operate where the crime which occurred was totally different from that intended. See R v Pembliton (1874) LR 2CCR 119 (offence against the person and property offences are totally different). However, given the similarities in the offences of assault/battery and GBH, it is possible that the attacker is guilty of the offence: see A-G Ref No. 3 of 1994 [1997] 3 All ER 936. It's up to how you interpret these cases and analogise/distinguish them.
The summaries of those cases can be found here: http://www.e-lawresources.co.uk/cases/R-v-Pembliton.php and here: http://www.e-lawresources.co.uk/cases/A-G-Ref-%28No-3-of-1994%29.php
The summaries of those cases can be found here: http://www.e-lawresources.co.uk/cases/R-v-Pembliton.php and here: http://www.e-lawresources.co.uk/cases/A-G-Ref-%28No-3-of-1994%29.php
Original post by jessjanellbhons1
Transferred malice does not operate where the crime which occurred was totally different from that intended. See R v Pembliton (1874) LR 2CCR 119 (offence against the person and property offences are totally different). However, given the similarities in the offences of assault/battery and GBH, it is possible that the attacker is guilty of the offence: see A-G Ref No. 3 of 1994 [1997] 3 All ER 936. It's up to how you interpret these cases and analogise/distinguish them.
The summaries of those cases can be found here: http://www.e-lawresources.co.uk/cases/R-v-Pembliton.php and here: http://www.e-lawresources.co.uk/cases/A-G-Ref-%28No-3-of-1994%29.php
The summaries of those cases can be found here: http://www.e-lawresources.co.uk/cases/R-v-Pembliton.php and here: http://www.e-lawresources.co.uk/cases/A-G-Ref-%28No-3-of-1994%29.php
Ah I see. Thank you so much!!! Really appreciate the help!!
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