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.
Fapte
Pembliton threw a stone at people outside a pub during a fight. He missed but broke a window.
Rezumatul hotărârii
The conviction for malicious damage was quashed. The intention to strike people could not be transferred to the offence of damaging property.
Citate cheie
"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
Tratament ulterior
Good law
Authority on the limitation of transferred malice between different types of offence.