HC Deb 26 July 1967 vol 751 cc755-6

Lords Amendment: No. 2, in page 6, line 22, at end insert new Clause "A": A. A court or jury, in determining whether a person has committed an offence,—

  1. (a) shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but
  2. (b) shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances."

Mr. Taverne

I beg to move, That this House doth agree with the Lords in the said Amendment.

The purpose of this Clause is to implement the Law Commission's proposal in its Report on imputed criminal intent and the effect is that the case of the Director of Public Prosecutions and Smith, which was decided in 1961 should be reversed and it should be made clear by Statute that a subjective test applies to murder and other crimes.

Mr. Quintin Hogg (St. Marylebone)

I rise only to say that I fully agree with the proposal for the reasons which have been given.

Question put and agreed to.