R v Nedrick

Facts

Nedrick poured paraffin through the letterbox of a house and set light to it. A child died in the fire. He said he did not want anyone to die.

Issue

How should a jury be directed where intention is to be found from foresight?

Held

Lord Lane said the jury should ask how probable the consequence was, and whether the defendant foresaw it. The direction that followed became the virtual-certainty direction.

Principle

Where intention is not direct, the jury looks for foresight of a virtual certainty, not of a likely result.

Why it matters

Woollin approved this direction and rejected a direction in terms of substantial risk.

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