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