... probable or maybe possible that death will result. While the first clearly involves intention and the last does not amount to intention, there is a problem in relation to the other two which involve differing degree of advertent risk-taking or foresight. This was highlighted in Hyam (1975) where the accused was jealous of her lover's new mistress. She wished to frighten her into leaving the area and poured petrol through the letterbox, followed by newspaper and a then lighting the lot on fire using a match. The mistress escaped but her two children died in the fire. Now, although she had no intentions with regarding the children, the doctrine of transferred malice applies. The accused did not wish the victims to die but she had foreseen the risk of harm. She had checked out that the man involved was in his own home that night. The House of Lords were faced ...

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