TRANSFERRED MALICE

• This is the principle that the defendant can be guilty if he or she intended to commit a similar crime but against a different victim.
• The court would transfer the mens rea from the 'intended victim' to the 'actual victim'
• This can only occur person to person or property to property
• R v LATIMER (1886) - The defendant aimed a blow with a belt at a man in a pub but struck a woman in the face. He was guilty of a malicious wounding against a woman. Latimer had not meant to hit her but was found guilty. There was transferred malice
• R v MITCHELL (1983) - The defendant pushed an old man. The man fell back onto an elderly lady who fell and broke her leg. The mens rea directed towards the old man was transferred to the offence against the old woman.
• R v PEMBLITON (1874) - During a fight, the defendant threw a stone and broke a window, but he had intended to hit other people. The intention to hit people could not be transferred to breaking the window as there was a different mens rea for the two offences.