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Conclusion of Transferred Malice Mistaken kill another person If A, intending to kill B, kills C having mistaken him for B, Liable

e The doctrine of transferred malice will apply and A will be guilty of murder. Latimer 1 ! " intended to hit A and aimed the belt at A #owever, " missed A and hit B It is common knowledge that a man who has an unlawful and malicious intent against another, and in attempting to carry it out, injures a third person, is guilty of what the law deems malice against the person injured, because the offender is doing an unlawful act, and has that which the $udges call general malice, and that is enough. Liable Pembliton '1 ()* +, - CC, 11. " throw a stone to another but hit and break the window f he knew there is a window behind the person whether intention or recklessly still throw the stone, then it may liable for criminal damage 'another offence* But in this case, there is no evidence he knew there is a window. /o, no liability.

Only MR so same offence can be transferred A shoots at B intending to kill B but misses his target, but the bullet breaks a window the %malice& will not be transferred.

Other offence may in!ol!ed if no transfer malice /o, even though the 0, cannot be transferred but he will, of course, be guilty of criminal damage if he had the mens rea for criminal damage 1 i.e. he intended or foresaw a risk of damage to property belonging to another. Besides, #e is also likely to be found guilty of attempted murder as he intended to kill 'see Chapter !*. Criminal damage to Murder" " intend to shoot a dog but miss and kill 2 f no MR, can transferred %R" #$Liable 3o liability for dog 'no A,* 3o liability murder for 2 'no 0,* #owever, maybe manslaughter

#$Liable R ! &ross " facing 4 murderous attack " shoot and miss 4 and kill 2 There is A, for murder But no 0, to be transferred #e intended to use self'defence when killing which was perfectly lawful

1(5age

Murder Target to pregnant lady, can transfer to foetus"

Malice cannot be transferred twice Transfer in loss of self'control

#$Liable %ttorney &eneral)s Reference '3o. 6 of 1..)* 71..(8 " had stabbed a pregnant woman in the abdomen. The woman recovered and no in$ury to the foetus was detected at the time. The child, was delivered prematurely and died of the premature birth. #ouse ruled that it could not as it would re9uire a double transfer of malice 1 i.e. from the mother to the foetus and from the foetus to the child. #owever, can be liable for unlawful act manslaughter *no need directed to +, #$Liable %ttorney &eneral)s Reference '3o. 6 of 1..)* 71..(8 /ame as above Liable :here A triggers a loss of self control in B and B accidentally kills C - may be charged with the murder of C using the doctrine of transferred malice$ ;ven though it was A and not C who triggered the loss of self control in B, B will, nonetheless, be able to plead the defence of loss of self control$ *depend which trigger,

%pply in the case of an accomplice

Liable

provided the offence achieved by the principal offender is one to which the doctrine is capable of applying. 'chapter 1)*

-(5age