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Regina v. Cunningham (1957) is an English Court of Appeal ruling that clarified that indirect, not reasonably foreseeable consequences to a totally distinct, reprehensible, even "wicked" activity would not be considered "malicious" where that is set out as the mens rea for a particular offence. [2]
Cunningham (1957) 2 AER 412 was the pivotal case in establishing both that the test for "maliciously" was subjective rather than objective, and that malice was inevitably linked to recklessness. In that case, a man released gas from the mains into adjoining houses while attempting to steal money from the pay-meter:
The decision in Caldwell was overruled by the House of Lords in the case of R v G, described below. The objective test that it introduced was phased out, and a form of subjective recklessness was introduced instead for cases involving criminal damage. The majority of mens rea of recklessness is now 'tested' using the Cunningham test.
The case remains unsolved after decades of fumbles by local and Illinois state police, who took decades to develop a suspect in Maria's killing and then “put a thumb on the scale” in order to ...
354 U.S. 298 (1957) free speech, distinction between expression of opinion and advocacy of action Morey v. Doud: 354 U.S. 457 (1957) States do not have power to make special exemptions in legislation for particular actors (overruled by City of New Orleans v. Dukes) Roth v. United States: Free Speech: 354 U.S. 476 (1957) obscenity Conley v. Gibson
KAT continues to ball, Cade Cunningham makes All-Star case & Zach LaVine joins Jimmy Butler on the trade block. Yahoo Sports Staff. December 23, 2024 at 2:44 PM. Subscribe to Good Word with Goodwill
Download as PDF; Printable version; In other projects ... Pages in category "1957 in case law" ... R v Cunningham; S.
R v Savage; R v Parmenter [1991] [1] were conjoined final domestic appeals in English criminal law confirming that the mens rea (level and type of guilty intent) of malicious wounding or the heavily twinned statutory offence of inflicting grievous bodily harm will in all but very exceptional cases include that for the lesser offence of assault occasioning actual bodily harm.