Transferred Malice

• Transferred Malice:

  • defendant can be guilty if he intended to commit a similar crime but against a different victim
  • the mens rea of the crime is transferred from the intended victim to the actual victim
  • R v Latimer - intention to wound the person he aimed at was transferred to the person actually wounded
• Must be the Same Offence:

  • R v Pembliton - had intended to injure someone, actually caused damage property, not guilty
• How Many Times can it Transfer?

  • Attorney-General's Reference No. 3 - stabbed pregnant girlfriend, transferred malice can't be used as v had to be in existence at the time of the crime