... by showing the defendant had malice aforethought, and this is established by an intention to kill or cause grievous bodily harm. S.8 of the Criminal Justice Act 1967 states that the jury must 'infer the defendant intended' his course of action. As this is a case of oblique intention, we must ask whether serious harm was a virtually certain consequence (Woollin) of Bungle's actions. Factors relevant to this include how busy the place where he left Zippy was, the time of the day (less people are likely to be around), and whilst death would not be seen as virtually certain, as his injuries are serious, and he obviously needs help, it could be argued that serious harm was virtually certain. Constructive manslaughter A more successful charge could be constructive manslaughter as the unlawful act (omission occurred, which ass has been established caused death, and due to obvious need for medical attention was ...

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