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Regina v. Cunningham

Court of Criminal Appeal
2 All E.R. 412 (1957)


Facts

Cunningham (defendant) went into the cellar of an unoccupied house, wrenched a gas meter from the pipes, and stole money from inside the meter. Although Cunningham was aware that coal gas was emitting from the location where he removed the meter he did not turn off the gas. The gas seeped into an adjacent house and endangered the life of an elderly woman. Cunningham was found guilty under § 23 of the Offenses against the Person Act, 1861, (the “Act”) and sentenced to six months imprisonment. Cunningham appealed.

Rule of Law

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Issue

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Holding and Reasoning (Byrne, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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