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=== England === Under English law, ''R v Walker and Hayles'' (1990) 90 Cr. App. R. 226 deals with the issue of the power of a court to [[imputation (law)|impute]] intention based on foresight. The defendants threw their victim from a third floor balcony and were charged with attempted murder. The judge directed the jury that they could infer intention if there was a high degree of probability that the victim would be killed and if the defendants knew "quite well that in doing that there was a high degree of probability" that the victim would be killed. The Court of Appeal did not accept that the reference to "very high degree of probability" was a misdirection, but Lloyd LJ. stated that in the rare cases where an expanded direction is required to include foresight, courts should use ''virtual certainty'' as the test, rather than ''high probability'' (see also ''R v Woollin'' [1998] 3 WLR 382 (HL)).
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