This case clarifies that malice aforethought for murder can be inferred from an intention to cause grievous bodily harm. It also interprets section 1(1) of the Homicide Act 1957, confirming that when a killing occurs in the course of committing another offence (e.g., burglary), the malice required for murder is not supplied by the commission of the other offence alone; it must be shown that the killing itself was done with the necessary malice.

• The appellant, John Vickers, aged 22, broke into a shop with living quarters above, intending to commit burglary.

• The elderly woman residing there unexpectedly encountered him.

• Vickers struck her multiple times, including kicking her in the face, resulting in her death.

• Medical evidence indicated that the injuries could have been inflicted with a moderate degree of violence.

• Vickers was charged with capital murder under the Homicide Act 1957, section 5(1)(a), on the basis that the death occurred during the commission of another offence (burglary).

Whether Vickers could be convicted of murder under s1(1) of the Homicide Act 1957, given that the killing occurred in the course of committing burglary, or whether he should only be guilty of manslaughter because the "other offence" does not automatically supply malice aforethought.

• The Court of Appeal dismissed the appeal.

• The “other offence” referred to in s1(1) was the burglary, not the act causing grievous bodily harm.

• Malice aforethought could be implied from Vickers’ intention to inflict grievous bodily harm on the victim, independently of the burglary.

• Therefore, Vickers’ actions satisfied the mens rea for murder.

1. Section 1(1) of the Homicide Act 1957 abolished “constructive malice,” meaning that the commission of another offence alone cannot supply malice for murder.

2. Malice aforethought can still be inferred where the defendant intended to cause grievous bodily harm that resulted in death.

3. When a killing occurs during the commission of another crime, the jury must consider whether the killing itself was done with express or implied malice.

4. An intention to cause serious or grievous bodily harm is sufficient to establish malice, even if the ultimate consequence (death) was not intended.