What is the ratio in R v Hyam?

The mens rea for murder can be established where the defendant intended serious bodily harm and knew that death was highly probable, even without intending to kill.

What did the court decide in R v Hyam?

The House of Lords upheld the murder conviction, holding that Hyam's knowledge that death was highly probable was sufficient mens rea for murder.

Why is R v Hyam important for murder law?

It represents an important but later overruled approach to intention in murder, showing the evolution of the law from objective to more subjective tests.

What is the ratio in R v Hyam?

The mens rea for murder can be established where the defendant intended serious bodily harm and knew that death was highly probable, even without intending to kill.

What did the court decide in R v Hyam?

The House of Lords upheld the murder conviction, holding that Hyam's knowledge that death was highly probable was sufficient mens rea for murder.

Why is R v Hyam important for murder law?

It represents an important but later overruled approach to intention in murder, showing the evolution of the law from objective to more subjective tests.

Criminal1 min read

R v Hyam

[1975] AC 55House of Lords1975

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“Foresight of highly probable serious harm can constitute mens rea for murder.”

Facts

Hyam, jealous of her lover's new relationship, poured petrol through the letterbox of his girlfriend's house and set it alight. Two children died in the fire. She claimed she only intended to frighten, not kill.

Issues

Whether intention to cause serious bodily harm, knowing death is highly probable, constitutes sufficient mens rea for murder.

Held

The House of Lords upheld the murder conviction by a 3-2 majority.

Significance

This case was controversial and represented a high-water mark for an objective approach to intention in murder. It was later effectively overruled by R v Moloney and subsequent cases which required a more subjective approach to intention.

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OSCOLA Citation

R v Hyam [1975] AC 55

Criminal LawHomicideMurderIntentionMens Rea

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