Regina v. Cunningham (1957) is an English Court of Appeal ruling that clarified that indirect, not reasonably foreseeable consequences to a totally distinct, reprehensible, even "wicked" activity would not be considered "malicious" where that is set out as the mens rea for a particular offence.[2] The level of mens rea, by statute, specifically needed to accompany "administration", which it was common ground that negligent release would amount to, of noxious gases.
The precedent value of the case has been applied to broadly analogous situations and rules where an enhanced mens rea is required for a particular class of offence to be proven.[3][1]
^ abIndex Card – case preview Incorporated Council of Law Reporting
^Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 181
^Considered in R v Spratt [1990]; Dictum of Byrne J applied in R v Morrison (1988); Considered in W (A Minor) v Dolbey (1983); R v Cunningham [1957]; Considered in R v G [2003]; Considered in R v G; Considered in R v Parmenter (Philip) [1992] 1 AC 699
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