It may be thought that the most important aspect of the decision of the House of Lords in Bratty v. Att.-Gen. for Northern Ireland [1961] 3 W.L.R. 965 is the opportunity it gives for qualifying some of the dicta in Director of Public Prosecutions v. Smith [1961] A.C. 290. Lord Morris of Borth-y-Gest (with whom Lords Tucker and Hodson expressed concurrence) referred to the “golden” rule in Woolmington, and said:

“In a charge of murder, malice may by implication be proved where death occurs as the result of a voluntary act of the accused which is (i) intentional and (ii) unprovoked. When evidence of death and malice has been given an accused person may, however, either by adducing evidence or by examining the circumstances adduced by the Crown, show that his actions were either unintentional or provoked. In such a situation the continuing and constant obligation of the prosecution to satisfy the jury beyond any reasonable doubt is in no way abated.”