Regina v. Cunningham, 41 Crim. App. 155 (1957), was an English case decided by the Court of Criminal Appeal that clarified the meaning of the word "maliciously" for the purposes of common law mens rea analysis.
Decision
The defendant removed a gas meter to steal the money inside, and as a result gas escaped from the pipe and partially asphyxiated a neighbour. The defendant was charged with violating section 23 of the Offences against the Person Act 1861 that criminalized the unlawful and malicious administration of a noxious substances to another person. The trial court read the word "maliciously" in the statute to mean general wickedness, and because of the general wickedness of stealing the money from the gas meter the mens rea requirement for the poisoning crime was fulfilled. The Court of Criminal Appeal reversed the conviction because "maliciously" was read to mean that the crime was a reasonably foreseeable consequence of the defendant's actions, and no jury instructions were given about the proper standard.