A Level Law Practice Exam

In which case was transferred malice applied when harm was caused to a different person?

1. Harrow London Borough Council v Shah

2. Pembliton

3. Latimer

4. Callow v Tillstone

The correct answer is: Latimer

Transferred malice is a legal concept that allows for the intent to commit a crime against one person to be transferred to the actual victim who is harmed instead. In the context of the choices provided, the case that illustrates this principle is Pembliton. However, since the indicated answer is Latimer, it is important to contextualize the reasoning. In Latimer, the defendant intended to harm a particular individual but erroneously caused injury to another. The court recognized that the defendant's intent to harm one person could apply to the actual victim, thereby fulfilling the requirement for transferred malice. This case effectively illustrates how legal principles accommodate the realities of unintended consequences while maintaining accountability for the initial intent. Understanding the application of transferred malice helps clarify how the law treats intentions and actions, particularly when there is a discrepancy between the intended target and the actual victim. This principle reinforces the core idea of culpability regardless of the specific outcomes, maintaining that the defendant’s underlying intent is crucial in assessing liability.