Transferred Mens Rea

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Transferred Mens Rea Summary

The doctrine of transferred mens rea (or 'transferred malice' as it is sometimes known) applies where the mens rea of one offence can be transferred to another.

  • For example, suppose A shoots at B intending to kill B, but misses and hits and kills C. Transferred malice can operate so that the mens rea of A (i.e. intention to kill B) can be transferred to the killing of C. Consequently A is liable for the murder of C, despite the fact that he did not actually intend to kill C.

See, for example, the case of R v Latimer (1886).

Transferred malice does not operate where the crime which occurred was different from that intended. See, for example, R v Pembliton (1874).

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