... highly probable that this would cause death or serious bodily harm. The question which came before the House of Lords was whether proof of the fact that the accused knew that it was highly probable that the act in question would result in death or serious bodily harm would suffice to establish malice aforethought in the crime of murder. The House of Lords, by a majority, upheld the conviction for murder. All five judges were of the view that carrying out an act with the knowledge that it was highly probable that death or grievous bodily harm would result amounted to malice aforethought. Accordingly, as this state of mind was held to be a species of malice aforethought, it was not strictly necessary to decide whether the accused actually intended to kill or cause grievous bodily harm. Nevertheless, various views were expressed as to whether foresight of probable consequences would amount ...

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