Dogbowu v R

Facts

The accused swung a matchet at a woman who was carrying a child on her back. The blow killed the child.

Issue

Could he be convicted of murdering the child when his intent was directed at the woman?

Held

Yes. His intent to kill or cause grievous harm to the woman transferred to the child, and the murder conviction was upheld.

Principle

Transferred malice: an intent aimed at one victim attaches to the harm actually caused to another.

Why it matters

The leading Sierra Leone authority on transferred malice.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.