to restore the position originally at common law. In Frankland v The Queen, Lord Ackner held DPP v Smith to be incorrect insofar as it required objective foresight in determining intention of murder, saying that the common law reflected s 8 of the 1967 Act.

Given that s8 of the Criminal Justice Act 1967 now entitles a jury to draw reasonable inferences from all the evidence, Wien J. said in R v Belfon that:

Foresight and recklessness are evidence from which intent may be inferred but they cannot be equated...with intent.

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