retained. The present case was not a simple "transfer" from mother to uterine child, but sought to create an intention to cause injury to the child after birth. This would be a double transfer: first from the mother to the fetus, and then from the fetus to the child when it was born. Then one would have to apply the fiction which converts an intention to commit GBH into the mens rea of murder. That was too much. But the accused could be convicted of manslaughter. In R v Gnango, the Supreme Court controversially held that under the doctrines of joint enterprise and transferred malice D2 is guilty of V's murder if D1 and D2 voluntarily engage in fighting each other, each intending to kill or cause grievous bodily harm to the other and each foreseeing that the other has the reciprocal intention, and if D1 mistakenly kills V in the course of the fight. References Dillof, Transferred Intent: An Inquiry into the Nature of Criminal Culpability, (1998) Vol 1, Buffalo Criminal Law Review, 501. Husak, Transferred Intent, (1996) Vol. 10 Notre Dame Journal of Law, Ethics and Public Policy, 65. Tort law Criminal law Intention