R v Gnango [2011] UKSC 59
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:17:43 UTC
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.
Explore more about
R v Gnango
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.
Any comments or edits about this case?
Get in touch Similar cases
AG Ref
A stabs a pregnant woman and is convicted of wounding. After the stabbing the child is born very prematurely and dies. Prior to birth it is held that the child is not a distinct organism from the mot...
R v Martin
In criminal law, the offence of inflicting grievous bodily harm (GBH) is a serious matter under Section 20 of the Offences Against the Person Act 1861, specifically cited as 24 & 25 Vict. c. 100, s....
Hyam v DPP (Director of Public Prosecutions)
Crime, particularly homicide, is a challenge in the legal concept. Cases involving the intentional infliction of grievous bodily harm underscore the gravity of malevolent actions. When a Defendant s...
R v Moloney
The court recognized that there is often a fine line between intention and foresight of consequences. To determine intention, the jury must assess the defendant's state of mind at the time of the act...
R v Pagett
Homicide is the act of causing another person's death, and it covers various types of unlawful killings, from intentional acts to those resulting from negligence. The legal system differentiates betw...
Related free notes samples
Ambitious and intelligent students
choose Oxbridge Notes.
- Customer Support
- Sellers FAQ
- Contact Us
- Privacy Policy
- Terms and Conditions
©2024 Oxbridge Notes. All right reserved.