Transferred malice
Transferred malice
Real World
In R v Latimer (1886), the defendant swung a belt at a man in a fight but it ricocheted and severely cut a woman nearby; his mens rea transferred and he was convicted of maliciously wounding her.
Exam Focus
Transferred malice only works within the same offence type — if the defendant intended GBH but accidentally damaged property, mens rea cannot transfer across different crimes.
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