DPP v Smith [1961]

1. Facts:

• Smith, the defendant, was driving his car when a police officer jumped onto it.

• Smith accelerated the vehicle to force the officer off, resulting in the officer falling and dying from the injuries.

2. Outcome:

• Smith was convicted of murder.

• The court applied an objective test to determine whether Smith’s actions were sufficient to infer the intention to kill or cause serious harm.

3. Impact and Analysis:

• Objective vs. Subjective Test: The case initially used an objective test to infer intention based on the foreseeability of the outcome. Smith’s actions were deemed sufficiently reckless to constitute intent.

• Legislative Change: The application of the objective test was later reversed by Section 8 of the Criminal Justice Act 1967, which introduced a subjective test for determining intention. This statute requires that intention must be determined based on the defendant’s actual state of mind, rather than what a reasonable person would have foreseen.

• Legal Precedent: The shift to a subjective test reflects a more nuanced approach to assessing criminal intent, aiming to ensure that the defendant’s true intentions are considered rather than merely inferring from their actions.