R v Cunningham
http://dbpedia.org/resource/R_v_Cunningham
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. The level of mens rea, by statute, specifically needed to accompany "administration", which it was common ground that negligent release would amount to, of noxious gases.
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R v Cunningham
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R v Cunningham
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25708420
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1111137028
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[1957] 3 WLR 76; 2 QB 396, 41 Crim. App. 155
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Regina v. Roy Cunningham
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Byrne J, Slade J, Barry J
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causation
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Novus actus interveniens
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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. The level of mens rea, by statute, specifically needed to accompany "administration", which it was common ground that negligent release would amount to, of noxious gases. The precedent value of the case has been applied to broadly analogous situations and rules where an enhanced mens rea is required for a particular class of offence to be proven.
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--05-27
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Conviction at Leeds Crown Court
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3262