판결 이유
An objective test for intention in murder was established: a person is presumed to intend the natural and probable consequences of their actions. This decision was later reversed by statute (s.8 Criminal Justice Act 1967) which required courts to have regard to all the evidence and draw inferences from it, restoring a subjective approach.
사실관계
Smith was driving a car with stolen goods in the boot. A police officer, PC Meehan, told him to stop and jumped on the bonnet. Smith drove erratically at speed, and the officer fell into the path of an oncoming vehicle and was killed. Smith claimed he had panicked and had not intended to kill or cause serious harm.
판결 요약
The House of Lords upheld the murder conviction, holding that an accused is presumed to intend the natural and probable consequences of his actions. Viscount Kilmuir LC held that the test was objective — what a reasonable person would have contemplated as the natural and probable result. This decision was heavily criticised for imposing an objective test of intention in the most serious criminal offence.
주요 인용문
"The jury must be told that the accused's intention is to be judged by reference to the natural and probable consequences of his acts."
— Viscount Kilmuir LC
후속 처리
The objective test was reversed by s.8 Criminal Justice Act 1967, which provides that a court shall not be bound to infer intention solely from the natural and probable consequences of actions but shall decide by reference to all the evidence.
The law on intention in murder is now governed by R v Woollin [1999].