R v Cunningham [1982]

Court: House of Lords

Facts: The defendant (D) attacked the victim (V) in a pub, mistakenly believing that V had engaged in sexual relations with D’s fiancée. The attack resulted in V suffering a fractured skull and a subdural hemorrhage, which led to V’s death seven days later. At trial, D was convicted of murder, as the jury found that he had intended to cause really serious harm. D appealed, arguing that murder should require an intention to kill, challenging the precedent set by R v Vickers [1957].

Issue: Whether the mens rea for murder should be limited to the intention to kill, or if it should also include the intention to cause grievous bodily harm.

Held: The House of Lords dismissed the appeal and upheld the conviction for murder, maintaining that the mens rea for murder encompasses both the intention to kill and the intention to cause grievous bodily harm. The court decided not to apply the 1966 Practice Statement to overturn the existing law.

Key Judicial Statements: Lord Hailsham, delivering the leading judgment, emphasized the significance of stare decisis in criminal law, asserting that certainty is essential to uphold public confidence in the legal system. He also stated, “Malice aforethought has never been limited to the intention to kill or to endanger life.”