Can the prosecution make out the counts of attempted murder on the basis of transferred intent?

Ontario, Canada


The following excerpt is from R. v. S-R., 2008 CanLII 64009 (ON SC):

The prosecution asserts that the attempted murder counts can be made out on the basis of transferred intent. In other words, the attempted murder counts can be made out by taking the southbound shooters’ intent to kill the northbound shooter and transferring it to the persons who were actually wounded by one or the other of the southbound shooters. The prosecution relies for this proposition on the decision of R v. Forbes, [2005] O.J. No. 5384 (O.C.J.)

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