How has the transferred intent doctrine been interpreted in the context of consummated criminal homicides?

Ontario, Canada


The following excerpt is from R. v. Gordon, 2009 ONCA 170 (CanLII):

Finally, consummated criminal homicides are, in the last analysis, sui generis. Many of their complexities, of which the transferred intent doctrine (or its statutory surrogate) is one, simply do not travel well to other climes, especially those where harm is not a constituent of the actus reus. Moreover, no necessity exists forcing the transferred intent doctrine to march into territory other than that of actual, consummated criminal homicides. For the remainder, the actuality of the real mens rea, together with its precisely related actus reus, is enough to establish guilt at the appropriate level without any need to resort to an intention -- shifting legal fiction: Harvey v. Maryland, 111 Md. App. 401, 681 A.2d 628 (Ct. Spec. App. 1996), at p. 432 Md. App.

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