The defendants appealed their convictions for murder, complaining that the judge had failed properly to direct the jury as to the required likelhood of death which might result from the act complained of, and turned a rule of evidence into a rule of law. They had thrown a youth from a bridge into a river, and the judge had said that his death was virtually certain to follow
Held: The judge had gone further in his direction than he should, redrafting the direction. It should have been on the basis that the jury could not find the necessary intent ‘unless . . ‘ Though it was wrong to elevate a rule of evidence into one of law, in this no injustice was caused.
Judges:
Rix, Crane, Maddison JJ
Citations:
Times 18-Feb-2003
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Nedrick CACD 10-Jul-1986
The appellant poured paraffin through the front door of a house and set it alight. In the fire a child died.
Held: Lord Lane CJ considered whether a simple direction to the jury on intent to either kill or to do serious bodily harm was . .
Lists of cited by and citing cases may be incomplete.
Evidence
Updated: 29 August 2022; Ref: scu.179312
