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Vickers (D) was a laborer who broke into the cellar of a shop which was occupied by a Miss Duckett who was 73, small and deaf. D broke into the shop with the intent to steal money. D was discovered by Miss Duckett and was attacked by D and killed. D was convicted of the murder and appealed based on an erroneous jury instruction; malice aforethought could be implied if the victim was killed by a voluntary act done with the intention of causing grievous bodily harm. Miss Duckett had been struck 10-15 times and kicked in the face by a degree of force that was moderately severe to quite slight.

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