transferred malice

Transferred Malice

Transferred malice refers to the legal principle wherein the intent (mens rea) of a defendant (D) directed towards one victim is transferred to another unintended victim.

Key Cases and Examples

Example 1: R v Latimer (1886) & R v Mitchell (1983)

• The court asserts that the culpability remains unchanged whether the intended victim (A) or the unintended victim (B) is harmed. If a person throws a stone aiming at A and accidentally hits B, the perpetrator is equally guilty of the crime.

Example 2: R v Gnango (2011)

• In this case, "Bandana Man" intended to harm defendant Gnango but accidentally shot Miss Pniewska. Under the doctrine of transferred malice, Bandana Man was held liable for her murder.

Example 3: R v Cashman (2023)

• Thomas Cashman fired a gun intending to target Joseph Nee but accidentally killed 9-year-old Olivia Pratt-Korbel. He was sentenced to at least 42 years for her murder.

Example 4: R v Chapman (2024)

• Connor Chapman shot into a crowd intending to hit Jake Duffy and Kieran Salkeld, injuring them and killing Elle Edwards. Chapman received a sentence of at least 48 years for her murder.

Example 5: R v Pembliton (1874)

• A defendant aiming at A unintentionally causes damage to property (e.g., breaking a window). This raises the question of whether D can be charged with criminal damage for the window, indicating the limit of transferred malice.

References

• Further information can be found in the textbook, section 3.6.