Mistaken Identity and Error in Performance: A Transferred Malice?

Khalid Ghanayim, Mordechai Kremnitzer

Research output: Contribution to journalArticlepeer-review


The article discusses mistaken identity and error in performance in relation to the legal concept of transferred malice under Canadian criminal law, focusing on various aspects of men rea (criminal liability) and the actus reus principle which generally describes the object of a criminal offence and the elements of result and causality. Criminal offences such as murder and manslaughter are mentioned, along with the influence of ancient Roman law. The doctrine of general malice is also examined.
Original languageEnglish
Pages (from-to)329-360
Number of pages32
JournalCriminal Law Quarterly
Issue number3
StatePublished - 2014


  • MISTAKEN identity
  • MALICIOUS accusation
  • CRIMINAL law
  • CRIMINAL liability
  • ROMAN law -- Influence
  • CAUSATION (Criminal law)
  • LAW


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