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R v Moloney (1985)

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

This case ([1985] 2 WLR 648) introduced a new definition of Intention in murder charges, largely overruling the earlier decision in HyamVDPP1974.

Mr Moloney got into an argument with his stepfather about who could load and fire a shotgun quickest. In the argument the stepfather was shot dead and therefore Moloney was charged with murder. At the trial the judge directed the jury following the principle established in hyam, that `intention' may be defined as an express desire and purpose to do something, but need not be. Instead, he explained, it was reasonable to assume intention if the consequences are highly probable on the basis of the action carried out. On these grounds Moloney was convicted; it was not necessarily the case that Moloney set out to kill his stepfather, but it was a probable consequence of his actions.

The Court of Appeal supported this decision, but the House of Lords converted it to manslaughter. In so doing a new meaning of `intention' was introduced. Lord Bridge said that intention may be inferred from the common-sense meaning of the term (that the accused has the express purpose of committing some crime, and acts to do so). However, if the results are the `natural consequences' of the accused's actions, this supports a belief that intention was present. It was also made clear that, in general, the existence of `intention' could be left for a jury to decide.

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