Regina v. Cunningham
FACTS
Man ripped gas meter out of wall in basement of a house, inadvertently releasing
noxious fumes and threatening the life of the resident. Statute says that ∆ is guilty of
poisoning if he acted “unlawfully and maliciously” to emit the gas.
PROCEDURAL HISTORY
-Trial court judge instructed the jury that maliciously means “wickedly,” but ∆ appealed on the grounds that
-Mens Rea must apply to both actions: stealing the gas meter (money) and releasing the
-gas. Appeals judge ruled that jury instructions were faulty.
RULES
-MENS REA must apply to all actions.
-P must prove that defendant acted in such that either:
1) s/he realizes is wanton and reckless or (reckless)
2) could reasonably be foreseen to cause such an outcome by a reasonable person (negligence).
Note: This principle contradicts the felony murder rule.
FACTS
Man ripped gas meter out of wall in basement of a house, inadvertently releasing
noxious fumes and threatening the life of the resident. Statute says that ∆ is guilty of
poisoning if he acted “unlawfully and maliciously” to emit the gas.
PROCEDURAL HISTORY
-Trial court judge instructed the jury that maliciously means “wickedly,” but ∆ appealed on the grounds that
-Mens Rea must apply to both actions: stealing the gas meter (money) and releasing the
-gas. Appeals judge ruled that jury instructions were faulty.
RULES
-MENS REA must apply to all actions.
-P must prove that defendant acted in such that either:
1) s/he realizes is wanton and reckless or (reckless)
2) could reasonably be foreseen to cause such an outcome by a reasonable person (negligence).
Note: This principle contradicts the felony murder rule.
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