Doctrine of transferred malice and the Cushman case
Dr. Sally Penni MBE
Practising Barrister at Law |TEDx Speaker|Bencher Gray’s Inn| Author 16 books| Non Exec Dir| Host of Talking Law Podcast|Host of The Law and Guidance Podcast |CCMI| FRSA| UN WOMEN UKdelegate forUN CSW66 CSW67|CEO WITLUK|
The Cushman case raised many legal issues from vulnerable witnesses to legal issues. One such issue is the doctrine of transferred malice. The issue arose in the case of R v Cushman the gunman found guilty of the murder of the little girl in Liverpool. This doctrine arose in a case:?https://www.e-lawresources.co.uk/R-v-Saunders.php R v Saunders (1573) 2 Plowd 473
interestingly The doctrine of "transferred malice",?which underpinned the conviction of Thomas Cashman, was developed almost 500 years ago. It is an example of the pragmatic good sense behind much of the Common Law of England and Wales.
English law is so old that it requires not only good lawyers to argue them abut also good judges to apply and interpret them. Join the discussion on the law and guidance podcast coming soon.
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