Chapter

Transferred Malice and the Remoteness of Outcomes from Intentions

Jeremy Horder

in Homicide and the Politics of Law Reform

Published in print July 2012 | ISBN: 9780199561919
Published online September 2012 | e-ISBN: 9780191743306 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199561919.003.0007

Series: Oxford Monographs on Criminal Law and Justice

Transferred Malice and the Remoteness of Outcomes from Intentions

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This chapter considers the doctrine of transferred malice, in the context of the law commission's recommended reforms to the law of murder. According to this doctrine, if someone aims to kill one person, but may mistake or accidentally kills a different person, they can be convicted of the murder of the person actually killed. The chapter defends the application of the principle in general. However, it also argues that if the actual victim is not only killed in an unanticipated way, but is also not the intended victim, then the killing will be too remote from the consequence the would-be killer intended. This qualification is defended as a distinct doctrine from remoteness in causation.

Keywords: transferred malice; murder; remoteness; causation; law commission

Chapter.  9379 words. 

Subjects: Criminal Law

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