transferred malice Watch

rebeccael28
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#1
Report Thread starter 1 year ago
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what would you include in a question on this? AQA AS Unit 2 exam.. is it likely to come up as a question by itself, if not then where would it come up?
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Undefined..
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Hey, I'm doing AS now as well. I'm pretty sure transferred malice can come up by itself, so maybe a question like "Explain the rules of Transferred Malice in Criminal Law", or this one was even in the June 14 paper:
"Outline the actus reus and mens rea of the offence of inflicting grievous bodily harm under s20 Offences Against the Person Act 1861 and the principle of transferred malice. Discuss whether this offence and the principle of transferred malice could be applied to Olivia’s injury"

My notes pretty much say: Transferred Malice is where the Mens Rea is transferred from the intended victim to the actual victim. This covers circumstances such as when a persons hits another persons and causes them to knock into another or you shoot at one person but accidentally hit another person. --- You'd then put a case example in as well, so Pembilton, etc. But then also explain the rules:

  • Mens Rea directed at one person or object is transferred to another.
  • Transferred person to person or object to object only.
  • Cannot be transferred to person to object or vice versa.

Hope this helps!
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rebeccael28
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Report Thread starter 1 year ago
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(Original post by Undefined..)
Hey, I'm doing AS now as well. I'm pretty sure transferred malice can come up by itself, so maybe a question like "Explain the rules of Transferred Malice in Criminal Law", or this one was even in the June 14 paper:
"Outline the actus reus and mens rea of the offence of inflicting grievous bodily harm under s20 Offences Against the Person Act 1861 and the principle of transferred malice. Discuss whether this offence and the principle of transferred malice could be applied to Olivia’s injury"

My notes pretty much say: Transferred Malice is where the Mens Rea is transferred from the intended victim to the actual victim. This covers circumstances such as when a persons hits another persons and causes them to knock into another or you shoot at one person but accidentally hit another person. --- You'd then put a case example in as well, so Pembilton, etc. But then also explain the rules:

  • Mens Rea directed at one person or object is transferred to another.
  • Transferred person to person or object to object only.
  • Cannot be transferred to person to object or vice versa.

Hope this helps!
thank you!!
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