This category only includes cookies that ensures basic functionalities and security features of the website. Woollin25 was recently followed in Smith v Criminal Injuries Compensation Authority26, in which a cyclist who had been riding dangerously fast through a busy pedestrian area argued that it wasn’t his intention to injure the victim. 81, 30Jonathan Herring, Criminal Law – Text, Cases and Materials (6th Edition, Oxford, 2014), 32Alan W. Norrie, After Woollin [1999] Crim L.R. Similarly, in R v Royle27 the defendant attempted to argue his intention was to steal a handbag rather than cause death or injury to the victim, however the court held that by stamping on the elderly victims head it was a ‘virtual certainty’ that serious harm would be caused. The case is a cornerstone as it sets down the "virtual certainty test". 890, (1998) 95(34) L.S.G. Baron Alderson and Littledale J. The particulars are that on 23 September 2015 you unlawfully and maliciously cast or threw at or upon Mark van R. 8, [1998] Crim. On occasions where a defendant argues that killing or causing GBH was not his main intention and he therefore does not fulfil the mens rea requirements for murder, the courts must consider the surrounding case law concerning indirect or oblique intention3. Cathleen Kaveny, Inferring Intention from Foresight [2004] L.Q.R. Woollin. 23. Consequently, the child hit his head on a hard surface and The court accepted that the defendant did not intend to cause death or harm to the child but that the defendant foresaw there was a risk of causing serious harm to the baby as a result of his actions. Issue: The main issue in R v Woollin [1998] 4 All ER 103: 1840. http://www.bailii.org/uk/cases/UKHL/1998/28.html. Your email address will not be published. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Company Registration No: 4964706. Facts. The baby suffered a fractured skull and died. However, he did not desire to kill or cause any serious harm to the child. *You can also browse our support articles here >. Facts: The defendant killed his child by throwing it against a hard surface after losing his temper. He argued that he did not intend the consequences, the death of the child. Facts. W lost his temper and threw his 3 month old son on to a hard surface and the child died. . Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. L.R. R v Michael. The baby suffered a fractured skull and died. R v. Woolin [1999] HL: Confirms the Nedrick approach, to establish intent the defendant’s actions must have been virtually certain to have caused the consequence, and the defendant must have appreciated that such was the case. The defendant threw his three-month-old son on to a hard surface in a fit of rage. Despite the criticisms discussed above, it is clear that Woollin31 remains the leading precedent used when the courts and juries are considering oblique intention; Norrie32 states that that ‘Woollin constitutes the last word on the indirect intention for murder’. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 1178, (1998) 142 S.J.L.B. 248, (1998) 142 S.J.L.B. Sign up to our newsletter for updates. After the war, when he returned to Britain, he was charged with "doing acts likely to help the enemy with the intent to assist the enemy". T was in a vegetative state due to serious head injuries. 532. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 103, [1998] 7 WLUK 448, [1999] 1 Cr. Held: A direction from the judge as to the making of an inference of intent from the consequences of an act, . RV definition is - recreational vehicle. With Lucy Hale, Elliot Knight, Jayson Blair, Brooke Lyons. Court of Common Pleas. The baby suffered a fractured skill, from which he then died. R v Woollin 1999. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. R v Woollin [1999] Facts. The appellant was a British radio announcer who was living in Germany during WWII. There was no need to establish foresight because a jury could infer from the defendant deliberately reversing into the officer that there was clearly evidence he intended to kill29.This has been distinguished from Woollin on the basis that the defendant had previous admitted that, although it was not his motive to kill the officer, he was ‘prepared to kill in order to escape’30. Lord Browne-Wilkinson Lord Nolan Lord Steyn ... Thirdly, the first sentence of (C) does not form part of the model direction. In-house law team. The appellant threw his 3 month old baby son on to a hard surface. Woollin, R v. JISCBAILII_CASES_CRIME Woollin, R v. [1998] UKHL 28; [1999] AC 82; [1998] 4 All ER 103; [1998] 3 WLR 382; [1998] Crim LR 890; [1999] 1 Cr App Rep 8 (21st July, 1998) HOUSE OF LORDS Lord Browne-Wilkinson Lord Nolan Lord SteynLord Hoffmann Lord Hope of Craighead OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE REGINA v. 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