| 词条 | R v Cunningham |
| 释义 |
DecisionThe defendant removed a gas meter to steal the money inside, and as a result gas escaped from the pipe and partially asphyxiated a neighbour. The defendant was charged with violating section 23 of the Offences against the Person Act 1861 that criminalized the unlawful and malicious administration of a noxious substances to another person. The trial court read the word "maliciously" in the statute to mean general wickedness, and because of the general wickedness of stealing the money from the gas meter the mens rea requirement for the poisoning crime was fulfilled. The Court of Criminal Appeal reversed the conviction because "maliciously" was read to mean that the result was a reasonably foreseeable consequence of the defendant's actions. No jury instructions were given about the proper standard.[2] References1. ^Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 181 2. ^Bonnie, p. 181 3 : English criminal case law|1957 in case law|1957 in British law |
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