R v Smith [1961] 3 All ER 161

Court: House of Lords

Facts: D, a car thief, was driving a stolen vehicle erratically to evade police officers pursuing him. A police officer attempted to stop D by clinging to the car but was thrown off during the chase and subsequently killed. D was charged with murder.

Held: The House of Lords upheld D’s conviction for murder. They concluded that D’s intention to cause grievous bodily harm (GBH) to the officer by driving in a dangerous and erratic manner was sufficient to establish the mens rea for murder. The court focused on D’s actions and the foreseeable consequences.

💡Levelup: This case emphasized the close relationship between intention and causation in murder cases. It established that causing death through actions intended to cause serious harm can suffice for murder, even if death was not directly intended.