The test for Criminal Damage is always objective recklessness (overruled by R v G and another)
Used in most crimes - malice means "reckless or intention" The word "maliciously" in a statutory crime means foresight of consequence, it does not mean "wicked".
It can be either an actual intention to do the particular kind of harm, or
recklessness whether such harm should occur or not.
A fourteen-year-old girl set fire to shed (objective recklessness)
Transferred Malice D and another man S became involved in a scuffle in a Post Office; D pushed S, who fell onto an elderly lady C, causing C injuries from which she later died.
Held: His intention to assault X was transferred to C.
D poured paraffin through the letterbox of a house and set it alight, resulting in the death of a child. intention includes knowledge or foresight
Transferred malice - cannot be transferred to a different offence
"Conjoined twin" Jodie and Mary needed to be separated to save the life of one the twin, but causing the immediate death of Mary.