... action but still carried out his action. His appeal was granted, the judge later explained that the jury was misdirected by the following statement given by the judge, "it is not necessary to prove an intention to kill; the Crown's case is made out if they prove an intention to cause serious injury - that is sufficient...There is, however, an alternative state of mind which you will have to consider. If when the accused performed the act of setting fire to the house, he knew that it was highly probable that the act would result in serious bodily injury to somebody inside the house, even though he did not desire it-desire to bring that result about-he is guilty of murder. If you are sure that he did the unlawful and deliberate act, and, if you are sure that he was in his state of mind, then, again the prosecution's case ...

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