R v Whybrow

For attempted murder, an intention to kill is required, and an intention to cause grievous bodily harm is not enough.

Citation
(1951) 35 Cr App R 141
Court
Court of Criminal Appeal
Year
1951
Subject
Criminal Law
Topic
Inchoate offences and accessorial liability

Facts

Mr Whybrow wired up a soap dish in his bath to the electricity supply, while his wife was having a bath, so that she received an electric shock. He was charged with attempted murder. The judge directed the jury that an intention to cause grievous bodily harm was enough for attempted murder, as it is for murder.

Legal principle

The Court of Criminal Appeal said that the judge's direction was wrong, although it upheld the conviction because the jury must have found that he intended to kill. Lord Goddard CJ said that, although an intention to cause grievous bodily harm is enough for murder if the victim dies, an attempt to commit murder requires an intention to kill. The principle remains good law under the Criminal Attempts Act 1981, which requires an intention to commit the offence.

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