the major difficulties facing the House of Lords in this regard has been determining the degree of foresight that could be equated with intention. R v Moloney [1985] 1 AC 905 (HL)

Lord Bridge of Harwich: ... My Lords, in the early hours of 22 November 1981, the appellant fired a single cartridge from a 12-bore shotgun. The full blast of the shot struck the appellant’s stepfather, Patrick Moloney, in the side of the face at a range of about six feet and killed him instantly ... [following conviction for murder] ... The [Court of Appeal] certified that a point of law of general public importance was involved in their decision in the following terms:

Is malice aforethought in the crime of murder established by proof that when doing the act which causes the death of another the accused either: (a) intends to kill or do serious harm; or (b) foresees that death or serious harm will probably occur, whether or not he desires either of those consequences?