This is where a defendant attempts to commit a crime to a particular person, but out of chance he accidently comits the malice to someone else. These can be outlined in the case of R v Latimer and R v Pembilton.
Malice can only be transferred if the crimes are similar.
R v Latimer Case facts
R v Latimer
This was where two gentlemen, started a fight in a pub. One of the men, (Latimer) took his belt off and attempted to strike the other man with it. He hit him but the belt ricocheted and hit a passing women who lost her eye as a result.
Can the Malice be transferred?
In the case of R v Latimer the malice can be transferred, this is due to the crime he intended to be similar to the consequence which actually arose.
In the case of R v Pemibilton, malice can't be transferred because what he intended to do was different to what occured.
Malice can only transferred when the offences are similar.
Criminal damage is not the same as assault.