면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Criminal Law
Crown Cases Reserved
1886

R v Latimer

(1886) 17 QBD 359

판결 이유

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.

사실관계

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.

판결 요약

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.

주요 인용문

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

Lord Coleridge CJ

후속 처리

Good law

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