Regina - of the gas that put her in mortal danger....

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John Tomberlin Law and Society 100 Case Name and Roles: Regina v Cunningham Appellant: Mr. Regina Injured Party: Sarah Wade Procedural Background: Mr. Regina stole a gas meter and plead guilty to a count of Larceny. Was also tried for Offences against the Persons Act and was found guilty due to the Judge’s definition of malicious intent. Facts: Short on money Mr. Regina took the gas meter from the basement of a house that he was soon to be inhabiting. In doing so he unknowingly also set coal gas out into the basement flooding his as well as the neighboring apartment with noxious gas. The neighbor, Sarah Wade, was resultantly exposed to levels
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Unformatted text preview: of the gas that put her in mortal danger. Descision: In the appeal the charge of Larceny was upheld where as the charge of Offenses against the Persons Act was quashed. Reasoning: Upon further review the defendants actions were ruled not malicious in nature. For three reasons it was evaluated that the Defendants actions did not have wicked intentions. First Regina did not have Mens Rea. Secondly, he did not foresee that any harm would occur to Sarah Wade or any others as a result of his actions. Lastly the judges definition of maliciously was improperly stated and led the jury to the resulting incorrect verdict....
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