Friday, September 14, 2012

Regina v. Faulkner case brief

 
  • Regina v Faulkner- sailor went to a castle to steal rum and lit a match which accidentally caught rum on fire and burned down entire ship. At trial he was found to have maliciously set ship on fire b/c he should be guilty simply b/c he stole rum and knew it was wrong.
    • App Ct held that just b/c he commits a latter felony as the result of one felony he should not be held accountable for both actual intent must be shown he actually foresaw the risk (recklessness)
      • Malicious= purpose, knowledge, recklessness
      • Negligence= objective standard
    • Conviction quashed b/c jury wasn’t left to question malicious intent, just b/c original act done was mala in se

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