(Irish Court of Crown Cases Reserved) The defendant had set fire to a ship while stealing rum from its hold. He had been boring a hole by candlelight and some rum had spilled out and been ignited. It was conceded that he had not intended to burn the vessel, and his conviction was quashed. Barry J said: ‘[R v Pembliton] must be taken as deciding that to constitute an offence under the Malicious Injuries to Property Act, section 51, the act done must be in fact intentional and wilful, although the intention and will may (perhaps) be held to exist in, or be proved by, the fact that the accused knew that the injury would be the probable result of his unlawful act, and yet did the act reckless of such consequences.’
Judges:
Barry J
Citations:
(1877) 13 Cox 550
Citing:
Cited – Regina v Pembliton CCCR 1874
The defendant was fighting in the street. He picked up a large stone and threw it at the people he had been fighting with. He missed and broke a window causing damage of a value exceeding pounds 5. The jury convicted the defendant, although finding . .
Cited by:
Cited – Regina v Cunningham CCA 1957
Specific Intention as to Damage Caused
(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim.
Held: Byrne J said: ‘We . .
Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 April 2022; Ref: scu.186782
