Law Cases Essay

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11/10/12 Deliv ery | Westlaw UK R. v Woollin (Stephen Leslie) House of Lords 22 July 1998 Case Analysis Where Reported [1999] 1 A.C. 82; [1998] 3 W.L.R. 382; [1998] 4 All E.R. 103; [1999] 1 Cr. App. R. 8; [1998] Crim. L.R. 890; (1998) 95(34) L.S.G. 32; (1998) 148 N.L.J. 1178; (1998) 142 S.J.L.B. 248; (1998) 142 S.J.L.B. 230; Times, July 23, 1998 Case Digest Subject: Criminal procedure Other related subjects: Criminal law Keywords: Intention; Jury directions; Murder Summary: jury directions; murder; intention; appropriate direction to be given on accused's intention Abstract: W appealed against the dismissal of his appeal against conviction of the murder of his three month old son, whom he had thrown onto a hard surface after losing his temper, arguing that he had not intended to cause the baby serious harm. The trial judge had, towards the close of his summing up, which was otherwise in accordance with R. v Nedrick (Ransford Delroy) [1986] 1 W.L.R. 1025 , directed the jury that they could infer such an intention if they were satisfied that, in throwing his son, W appreciated that there was a substantial risk of causing serious injury. W contended that, by using the phrase "a substantial risk" rather than "a virtual certainty", the judge had enlarged the mental element of murder to an unacceptable extent. The Court of Appeal dismissed that ground of appeal, holding that the phrase "a virtual certainty" should be restricted to cases where the evidence of intent was limited to actions admitted by the accused and their attendant consequences and that, where other evidence was available, the phrase did not have to be used. Held, allowing the appeal, that, in departing from the /wluk/app/deliv ery /document 2/15 11/10/12 Deliv ery | Westlaw UK Nedrick direction and using the phrase "a substantial risk", the judge had

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