CRM/LAW C144 Chapter Notes - Chapter FAULKNER and CUNNINGHAM: Killing Joke, Gas Meter, Mens Rea
Document Summary
Went to the hold of his ship to steal some rum and lit a match in order to see better in the dark. Some of the rum caught fire and the fire spread, completely destroying the ship. Judge barry, principal opinion: to constitute an offence under the malicious injuries to. Mr. brodie, the appellant (party who appeals a decision, brings the proceeding to a reviewing court) Underlying facts, the actual crime that took place. Stole the gas meter from the gas pipes, larceny of the gas meter and its contents (8 shillings) Appellant did not turn off the gas and a very considerable volume of gas escaped, some of which partially asphyxiated mrs. wade in her sleep, with the result that her life was endangered. Act was clearly unlawful, so the real question for the jury was whether it was also malicious: mens rea, intent/foresee yet recklessly continue, definition of maliciously .