The defendant appealed against his conviction for murder.
Held: The appeal was allowed and a conviction for manslaughter substituted.
Lord Bridge of Harwich discussed the case of Hyam: ‘But looking on their facts at the decided cases where a crime of specific intent was under consideration, including Hyam . . they suggest to me that the probability of the consequence taken to have been foreseen must be little short of overwhelming before it will suffice to establish the necessary intent.’ In the rare cases in which it might be necessary to direct a jury by reference to foresight of consequences it would be sufficient to ask two questions: ‘First, was death or really serious injury in a murder case (or whatever relevant consequence must be proved to have been intended in any other case) a natural consequence of the defendant’s voluntary act? Secondly, did the defendant foresee that consequence as being a natural consequence of his act? The jury should then be told that if they answer yes to both questions it is a proper inference for them to draw that he intended that consequence.’
Judges:
Lord Bridge of Harwich
Citations:
[1985] AC 905, [1984] UKHL 4, [1985] 1 All ER 1025, [1985] 2 WLR 648
Links:
Jurisdiction:
England and Wales
Citing:
Narrowed – Regina v Hyam HL 1974
The defendant had burnt down the house of her rival in love, thereby killing her children. The judge directed the jury to convict the defendant of murder if she knew that it was highly probable that her act would cause death or serious bodily harm. . .
Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Cited by:
Cited – Regina v Woollin HL 2-Apr-1998
The defendant appealed against his conviction for the murder of his child. He had thrown the child to the floor, hitting the head. He said that he had not intended to kill the child.
Held: On a murder charge, where the short direction on . .
Cited – Regina v Hancock and Shankland HL 27-Feb-1985
Two miners on strike had pushed a concrete block from a bridge onto a three-lane highway on which a miner was being taken to work by taxi. The concrete block hit the taxi and killed the driver. The defendants were charged with murder. They said they . .
Cited – Atkinson v Regina CACD 7-Nov-2003
The appellant had been convicted of false accounting in the making of false claims for payment for prescriptions, submitting forms which said that the patient was over 60 when she knew they were not. She said she filled the forms in mechanically. . .
Cited – James v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
Cited – Gnango, Regina v SC 14-Dec-2011
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 June 2022; Ref: scu.186623