''R v. Faulkner'' (1877) is
a key reported appeal the
Court for Crown Cases Reserved: holding that the ''
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'' for committing one criminal act does not necessarily transfer to all possible, potentially in other ways criminal, consequences of that act.
Decision
The defendant was employed on a ship transporting rum, sugar, and cotton. He was not allowed into the cargo hold, but he entered it, poked a hole in a barrel of rum, and drank some of it; to see while plugging this, he lit a match. The rum caught fire and destroyed the ship. The trial court found the defendant guilty of
larceny for the rum and
arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
for the ship. The Court for Crown Cases Reserved quashed the latter conviction based on unlawful (improper)
jury instructions that allowed the jury to find the defendant guilty of the arson even if they found that he only had the intent to commit the larceny. The court explained that the intent to commit the larceny did not necessarily mean that the defendant had the intent to commit the arson.
Applied by
The case was ''considered'' by ''R v Smith (Jim) (Director of Public Prosecutions v Smith)'' decided by the highest criminal court in 1960, looking at the natural or probable consequence of acts that resulted in homicide.
[On 28 Jul 1960 961AC 290]
Reckless criminal damage
Oblique intentions have led to a range of
precedent-level decisions for follow-on or aggravated offenses relating to criminal damage. Among these are ''
R v Cunningham'', a 1957 decision of the Court of Appeal, which overviewed the law. Its fact pattern was interference with a gas meter for financial gain, yet causing injury.
References
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F
1877 in case law
1877 in British law