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All Cases
Criminal Law
Crown Cases Reserved
1886

R v Latimer

(1886) 17 QBD 359

Ratio Decidendi

The doctrine of transferred malice: where the defendant intends to harm one person but accidentally harms another, the mens rea is transferred to the actual victim.

Facts

Latimer aimed a blow with his belt at a man in a pub. The belt bounced off and struck a woman standing nearby, causing serious injury.

Judgment Summary

The court held that Latimer was guilty of unlawfully wounding the woman. His intention to strike the man was transferred to the woman actually injured.

Key Quotes

"The prisoner must be held liable for the consequences of his act, even though those consequences were not intended by him."

Lord Coleridge CJ

Subsequent Treatment

Good law

The classic authority on transferred malice. Confirmed in AG's Reference (No 3 of 1994) [1998].