Transferred malice

Question 1

When does transferred malice occur?

Answer 1

Transferred malice occurs where the defendant intends to harm one person, but the harm is instead caused to another person.

Question 2

When transferred malice is present what happens to the defendants intention?

Answer 2

The defendant’s intention is transferred from the intended victim to the actual victim.

Question 3

What case is the principle of transferred malice demonstrated in?

Answer 3

This principle was demonstrated in R v Latimer, where the defendant aimed a blow at one person but struck another.