CRM 2300 Lecture Notes - Lecture 9: Willful Blindness, Objective Test, Arson
Document Summary
Transferred intent: where a intends to strike b but misses and strikes c he may be convicted of assault on the basis of the doctrine of transferred intent. The mens rea (intent to hit the victim) lacks and actus reus cause they actually hit another victim. The actus reus (the actual victim) lacks mens rea because they meant to his the other one. But in combination they amount to a whole crime. Fry 2011: fry and another man had a bad business deal. Fry wants revenge and sets house on fire. The victim didn"t die but his 5 guests did. The requirement is that the accused"s intent may be transferred only where the actus reus and mens rea of the same offence coincide. Vaderbroth: hockey game, went to throw a jar of peanut butter on the ice in protests missed and hit woman. He was charged, even if there wasn"t an intended victim.