Transferred malice is when the defendants mens rea is transferred from the intended victim to the actual victim.
E.G - by shooting at someone and missing and hitting another person. or by hitting a person and knocking them into another person of whom you did not mean to hit.
Mitchell (1983) - argument in post office queue - D pushed old man, fell into old woman - she died from injuries in hospital. (D was liable as she was injured as a direct result of his actions - mens rea was transferred)
Saunders (1573) - Put arsenic into apple for wife - daughter ate it & died.
Latimer (1886) - D went to hit man infront with his belt - caught eye of woman next to him.
You cannot transfer malice if the mens rea is different!!!
Pembilton (1874) -threw stone into crowd of people to make them all move - hit window & broke it - did not have the mens rea to break a window only to disperse crowd and hit a person .. NOT LIABLE
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