R v Latimer

Under the doctrine of transferred malice, a defendant who intends to harm one person but harms another instead is guilty of the same offence.

Citation
(1886) 17 QBD 359
Court
Court for Crown Cases Reserved
Year
1886
Subject
Criminal Law
Topic
Mens rea

Facts

Mr Latimer quarrelled with a man in a pub and swung his belt at him. The belt glanced off the man and hit a woman standing nearby, seriously injuring her face. He was charged with unlawfully and maliciously wounding her under section 20 of the Offences Against the Person Act 1861.

Legal principle

The court upheld his conviction. Lord Coleridge CJ said that if a person has an unlawful intention to harm one person, and in carrying out that intention he harms another, he is guilty of the offence against that other person. His malice towards the man was transferred to the woman, because the offence he intended and the offence he committed were of the same kind. This is the doctrine of transferred malice.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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