Transferred Malice
Defendant can be guilty if they intend to commit a similar crime but against a different victim.
Latimer - Defendant aimed a blow with a belt at a man in a pub because that man had attacked him.
The belt bounced off the man and struck a woman in the face. The defendant was guilty of an assault
against the woman, although he had not meant to hit her.
Gnango (2011) - Defendant and another man (bandanna man) shot at each other. Bandanna man hit
an innocent passerby and killed her. The Defendant (Gnango) was tried and convicted of her murder.
Court of Appeal quashed the conviction, but it was reinstated by the Supreme Court.
Supreme Court held that Gnango was guilty of murder as by agreeing to the shootout with Bandanna
man he was attempting to murder Bandanna man and aiding and abetting bandanna-man attempt to
murder him Bandanna man would have been guilty of the murder of the passerby under the doctrine
of transferred malice.
This meant that Gnango because of his participation in the attempted murder of himself was also
guilty of the passerby under the Principe of transferred malice.
General Malice
- Defendant may not have specific victim in mind.
- For example: a terrorist who plants a bomb in a pub, intending to kill or injure anyone who
happens to be there. In this case, the Defendant’s mens rea is held to apply to the actual
victim.
Defendant can be guilty if they intend to commit a similar crime but against a different victim.
Latimer - Defendant aimed a blow with a belt at a man in a pub because that man had attacked him.
The belt bounced off the man and struck a woman in the face. The defendant was guilty of an assault
against the woman, although he had not meant to hit her.
Gnango (2011) - Defendant and another man (bandanna man) shot at each other. Bandanna man hit
an innocent passerby and killed her. The Defendant (Gnango) was tried and convicted of her murder.
Court of Appeal quashed the conviction, but it was reinstated by the Supreme Court.
Supreme Court held that Gnango was guilty of murder as by agreeing to the shootout with Bandanna
man he was attempting to murder Bandanna man and aiding and abetting bandanna-man attempt to
murder him Bandanna man would have been guilty of the murder of the passerby under the doctrine
of transferred malice.
This meant that Gnango because of his participation in the attempted murder of himself was also
guilty of the passerby under the Principe of transferred malice.
General Malice
- Defendant may not have specific victim in mind.
- For example: a terrorist who plants a bomb in a pub, intending to kill or injure anyone who
happens to be there. In this case, the Defendant’s mens rea is held to apply to the actual
victim.
