Ratio Decidendi
Transferred malice only operates within the same type of offence. Intention to assault a person cannot be transferred to criminal damage to property.
Fakty
Pembliton threw a stone at people outside a pub during a fight. He missed but broke a window.
Podsumowanie orzeczenia
The conviction for malicious damage was quashed. The intention to strike people could not be transferred to the offence of damaging property.
Kluczowe cytaty
"The jury have found that the prisoner threw the stone at the people, and not at the window. The conviction must be quashed."
— Lord Coleridge CJ
Późniejsze zastosowanie
Good law
Authority on the limitation of transferred malice between different types of offence.