Transferred Malice

Question 1

Model answer for Transferred Malice:

Answer 1

The principle of Transferred Malice is that a D can be guilty of a crime if he intended to commit a similar crime against a different victim. The MR is transferred from the intended victim to the actual victim. In Latimer, the D’s MR for hitting the first man with his belt was transferred to his actual victim who was stood closely behind.

However, although D’s MR can be transferred from one victim to another, it cannot be transferred from one crime to another. In Pembliton, the D’s direct intent to hit the crowd with a stone could not be transferred to the criminal damage that he actually caused recklessly. This is because these are 2 different crimes.

Here…