Transferred malice

• Transferred malice?

  D will be liable for an offence if he has the necessary mens rea and commits the actus reus even if the victim differs from the one intended. If D has mens rea for a different offence from that which he commits however, the intent cannot be transferred
• Latimer 1886


  D went to hit another man with his belt but hit an innocent bystander, he was convicted because he had the intention to harm which was transferred upon the actus reus mistakenly hurting another person
• Pembliton 1874


  D threw a stone at a person but it broke a window instead. He shouldn't have been convicted because despite having the intention for one crime the actus reus was for a different crime so malice wasn't transferred