 |
 |
 |
| |
|
|
R. v Vickers
Court of Criminal Appeals, 1957
Author:- Sam Biers
Criminal
Facts: The defendant broke into cellar shop, where Miss Duckett, 73 lived upstairs, and the defendant intended on stealing money. Defendant attacked her when she discovered his presence which caused her to fall down. She died as a result of shock due to general injuries.
Issue: Can malice aforethought be implied if the victim is killed by a voluntary act done with only the intent to do cause grievous bodily harm?
Holding: Yes.
Procedure: Jury returned verdict of guilt for capital murder. Appeal is dismissed.
Rule: Murder 1) Intent to kill, or 2) do grievous bodily harm. Manslaughter 1) unlawful killing.
Reasoning: If a person does an act upon another that is grievous bodily harm, and that person dies, he cannot say that he did not intend to go so far. Malice aforethought is implied as a necessary constituent of murder.