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Casebook Read Credits
Criminal Law Simons, Volumes I and II
Resource 3 . 1 . 3
4 minutes

Regina v. Cunningham

Michael A. Simons

The evolution that Prof. Robinson describes--from a "culpability" conception of mens rea to an "elemental" conception of mens rea--is visible in Regina v. Cunningham, an English case from 1957. As you read Cunningham, think about these questions: 
1. What was Cunningham charged with? What are the elements of that offense?
2. What did Cunningham do? What was his defense (i.e., which element is in dispute)?
3. What happened at trial? What is the issue on appeal?
4. How did the trial court define the mens rea for this offense? Is Cunningham guilty under that definition?
5. How does the appellate court define the mens rea for this offense? Is Cunningham guilty under that definition?
6. After the appeal is decided, what will (or what can) happen to Cunningham?

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