- FACTS:∆ charged with (by not using the stop tap nearby) maliciously and unlawfully causing coal gas to be inhaled by Mrs. Wade when the gas meter was taken. As a result ∆ was also charged with larceny of the gas meter to which ∆ pled guilty. The house was empty, but π was next door and the wall separating the two was loosely made (had been one house).
- Issue: Can a ∆ maliciously do harm where he did not intend to do the particular harm done or did not foresee that the particular harm might be done?
- Rule: “Malice” in a statutory crime means foresight of the consequences and requires either an actual intention to do the particular kind of harm that in fact was done or recklessness as to whether such harm should occur or not.
- Malice isn’t defined in the old sense of wickedness. It isn’t limited to nor require any ill will toward injured person
- An intention to cause one type of crime cant serve as a substitute for the intention required for another type of crime transferred intent doctrine only applicable w/in limits of same crime
Friday, September 14, 2012
Regina v. Cunningham case brief
Regina v. Cunningham
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