Criminal Law Case Notes is a collection of 68 key case notes for criminal law in the UK. Each Note consists of the name of the case and year, the subject matter, Facts, Holding, and Rule.
Cunningham (1982) “Murder and Manslaughter–Mens Rea
FACTS: D tore gas meter from wall in empty house to get money; gas fumes into next house; V injured; D convicted of administering noxious thing; jury directed that ‘malicious’ meant ‘ wicked.’ Appeal to CA
HELD: Quashed: malice means actual intention to do the harm that happened; reckless as to whether it might happen (D foresaw that kind of harm, but took risk anyway).
RULE: A Subjective test: if D actually foresaw there was a risk and took it regardless; must have entered D’s mind
See Caldwell  and R v G