Director of Public Prosecutions v. Smith

Nature of the Case

This case involves the mens rea requirement where the defendant’s actions led to the death of a police officer. The defendant never specifically intended to kill the officer, and the issue before the House of Lords centered around whether he may be convicted of murder.

Facts

On March 2, 1960, Jim Smith (D) was driving his car through the woods with stolen materials in the back of his car. Smith was pulled over for by a police officer in the normal course of traffic control. The officer ordered him out of the car and Smith responded by accelerating and speeding away. The police officer grabbed onto the side of the car and held on for 130 yards. He was finally thrown off and was stuck by a car coming in the opposite direction resulting in fatal injuries. Smith was convicted for willful murder and was sentenced to death. There was never any suggestion that Smith intended to kill the police officer or to do him grievous bodily harm.

Issue

Was the death of the officer a probable result of the defendant’s willful criminal act?

Holding and Rule of Law

Yes. The death of the officer was a probable result of the defendant’s willful criminal act.

Smith told his companion in the car that he only wanted to shake the officer off the car and that he never meant to kill the officer. If a reasonable man would realize that shaking the officer off would cause him grievous bodily harm or death, then Smith must be convicted of murder. Simply because a person does not intend that someone die does not relive him of guilt if the probable consequence of his actions would lead a reasonable man to know that death or grave bodily harm might result. In other words, the officer’s death was a reasonably foreseeable consequence of Smith’s intent to shake him off. This is sufficient mens rea for murder.

Disposition

Affirmed.

Notes

The mens rea for murder is malice. Malice can be express or implied. Here it is implied as Smith did not have the intent to kill but committed an act of wanton and willful disregard for human life. Smith was aware of his criminal negligence in pulling away and death was a reasonably foreseeable consequence of his criminal act; therefore implied malice murder lies.