Foreseeing the Consequences of Purcell

Abstract

In HM Advocate v Purcell, the High Court of Justiciary clarified the law of murder. The court held that the Crown can prove that an accused acted with "wicked recklessness" only by showing that he "intended to cause physical injury" while "displaying a wicked disregard of fatal consequences." Purcell, by establishing that some form of intention is required in all murder cases, resolves a long running dispute. It also leaves a number of questions unanswered - and may well create new ambiguity in some areas of law previously regarded as settled.

Keywords: Homicide, recklessness