R v Gnango [2011] UKSC 59

KEY POINTS

• Under transferred malice, the intent to cause harm to one person can be imputed to the harm caused to another person if the elements of the offence are satisfied.
• While a person may not intend to be shot by another individual, such as in an exchange of gunfire, the principle of transferred malice may still be applied.

FACTS

• The victim, Magda Pniewska, was walking home when she was tragically shot in the head and died as a result of an exchange of gunfire between two gunmen, ‘B’ and Mr Gnango.
• Neither of them had intended to target Magda; they were shooting at each other. Based on scientific evidence, it was determined that the bullet that caused Magda's death came from B's gun, not Mr Gnango's.
• According to the legal principle of 'transferred malice,' B would be considered guilty of murder. However, B managed to evade capture and was never apprehended for the crime.

COMMENTARY

• This case highlights the application of transferred malice in a complex scenario involving an unintended victim. It reinforces the principle that the defendant's intent can be transferred to the actual harm caused, as long as the necessary elements of the offence are met.
• This doctrine ensures that individuals cannot escape criminal liability simply because their intended target was not the one harmed.