Philosophy 2080 Lecture 15: Philosophy 2080 - Lecture 15
6 Feb 2018
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In an attempt to prevent smith driving away with stolen goods, a policeman jumped onto. Smith proceeded to drive erratically, shaking the policeman off and causing death. The judge directed the jury to find that smith had the necessary intent to cause gbh murder if they were satisfied that the reasonable man could have foreseen the harm as a consequence. The house of lords affirmed that the virtual certainty test was an objective test. This case has since been overruled by r v nedrick [1986] and r v woolin [1999]: the virtual certainty test now contains both subjective and objective elements. Intend a. : certainty to also cause b. ) (side effect, normally important reason against b. , do a. ) anyway. Culpable for your intention even though you didn"t really want that to happen. I didn"t mean to harm the officer i just wanted to get away. The jury thought that he honestly didn"t realize the likelihood of harm.
