The appellant was convicted of attempting to cause death contrary to s. 215 (a) of the Penal Code. The trial judge did not find an intention to kill, but found an intention to do grievous harm and relied on the definition of "malice aforethought" in s. 204 of the Penal Code in holding that this was sufficient for a conviction for the offence charged.
Held:
For a conviction of attempting to cause death it is necessary to prove an actual intention to kill; an intention to cause grievous harm is not sufficient.
