Providing resources for studying law
Custom Search
   Home            Transferred malice
Transferred Malice
The doctrine of transferred malice applies where the mens rea of one offence can be transferred to another. For example, suppose A shoots at B intending to kill B, but misses and hits and kills C. Transferred malice can operate so that the mens rea of A (intention to kill B) can be transferred to the killing of C. Consequently A is liable for the murder of C, despite the fact that he did not actually intend to kill C.
An early illustration of transferred malice:
R v Saunders (1573) 2 Plowd 473   Case summary
A further example of transferred malice:
R v Latimer (1886) 17 QBD 359     Case summary


Transferred malice does not operate where the crime which occurred was different from that intended:
R v Pembliton (1874) LR 2CCR 119   Case summary
A-G Ref NO. 3 OF 1994           Case summary


 ~~ New...Try out the quizzes and games on Criminal Law to aid your revision and test your understanding ~~


The doctrine of transferred malice