“Court of Appeal establishes 'virtual certainty' test for criminal intention”
Nedrick poured paraffin through the letterbox of a woman's house and set it alight, killing a child inside. He claimed he only intended to frighten the woman, not to kill or cause serious harm to anyone.
What is the appropriate test for establishing intention in murder cases, particularly where the defendant claims they did not intend the fatal consequences of their actions?
The conviction for murder was quashed and a conviction for manslaughter substituted. The court established that intention can be inferred where death or serious bodily harm was a virtual certainty from the defendant's act and the defendant appreciated this.
This case established the leading test for inferring intention in serious criminal cases, providing crucial guidance for murder prosecutions where defendants claim lack of intent.
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OSCOLA Citation
R v Nedrick [1986] 1 WLR 1025 (CA)
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