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R v Hancock and Shankland (1986)

Last modified: Thu Feb 23 16:37:37 2006

This case ([1985] 2 WLR 257) reinforces the decision of RVMoloney1985 in which it was stated that forsight of the consequences of one's action was evidence that the consequences were intended (see: Intention), but the forsight and the intention were not the same thing. However, Lord Scarman did stress that the term `natural consequences' in the earlier case was open to misintepretation, and that it should be taken to mean that the evidence of intention became stronger as the connection between the action and the consequences became stronger. Scarman also reiterated that normally a jury should use its common sense to determine whether intention was a factor or not.

The facts of the case are that Hancock and Shankland pushed a paving slab off a motorway bridge into the path of a car, killing the driver. They claimed that they only intended to frighten the people in the car (they were coal miners who had refused to join the strike action of which Hancock and Shankland were involved). The trial judge directed the jury based on HyamVDPP1974, but the House of Lords confirmed that the criteria in Hyam were too broad -- being too easily confused with recklessness -- and that Moloney was to be preferred.

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