Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Malice definition

What does Malice mean? In legal practice, malice describes a culpable state of mind: acting to cause harm, or foreseeing harm as a likely consequence and proceeding anyway. It is chiefly a case-law concept across civil and criminal contexts, though older statutes (e.g. the Offences Against the Person Act 1861 in England & Wales and Northern Ireland) use “maliciously”, read as intention or recklessness. In defamation, “express malice”—an improper dominant motive to injure, or knowledge of falsity/reckless disregard—defeats qualified privilege. In malicious falsehood and malicious prosecution, it concerns acting without honest belief and for an improper purpose. In misfeasance in public office, either targeted...

Transferred mens rea: principle, accessory liability and joint enterprise, limits, and indictment drafting considerations

Published by a LexisNexis Corporate Crime expert

Practice notes

The principle of transferred Malice/transferred Mens rea

The Supreme Court has indicated that a more accurate label than 'transferred malice' is 'transferred mens rea'. Indeed, 'transferred malice' has been criticised as a Misleading tag. Accordingly, this article will use 'transferred mens rea'.

The doctrine is engaged when a criminal purpose produces an unintended result or injury. It operates so long as the result or injury is of the same character as that intended, even if the person harmed is not the person aimed at.

Latimer illustrates the foundational rule. D attempted to strike V with his belt, missed, and unintentionally struck V2. D was convicted of assault notwithstanding the absence of an intention to hit V2.

The same logic was applied in Mitchell, in which D assaulted V, causing V to topple into V2. V2 was elderly and suffered a fracture that led to her death in hospital. D was found guilty of Manslaughter despite lacking any intention to assault V2. The court concluded that it was unnecessary for D to have directed his unlawful act at V2 in order to be liable for its consequences...

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Alex McHugh

Pump Court Chambers

Alex McHugh joined Pump Court Chambers following successful completion of his pupillage. His key areas of practice are criminal defence, family, and landlord & tenant disputes. Prior to joining Chambers, Alex worked as a paralegal for a number of years at a Legal 500 firm in London. Two of those years were spent in crime under the stewardship of extremely experienced senior partners. Alex helped manage cases from beginning to end and represented all manner of clients in respect of a full range of alleged offences. As counsel, Alex defends his clients throughout every stage of proceedings. Alex accepts private and, where applicable, publicly funded briefs on road traffic offences, and has experience in representing clients in relation to speeding, drinking driving, “totting up”, and causing injury by dangerous driving offences. Alex predominantly works across the Western Circuit, London, and the South East. ...

Web page updated on 22/05/2026

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