免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有案例
Criminal Law
Crown Cases Reserved
1886

R v Latimer

(1886) 17 QBD 359

判决理由

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.

事实

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.

判决摘要

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.

关键引述

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

Lord Coleridge CJ

后续处理

Good law

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