... was left gushing out and it seeped into the neighbouring house where it was breathed in by the victim who was nearly gassed. The defendant was charged under s.23 Offences Against the Person Act 1861, which involves maliciously administering a noxious thing so as to endanger life. The trial judge directed the jury that malice was the equivalent to wicked and the Court of Appeal quashed the conviction - maliciously means intentionally or recklessly and the latter word required proof that the defendant had had some foresight of the risk and yet had still deliberately gone ahead. This was supported in Stephenson (1979) where the accused, a tramp, went to sleep in a haystack. Being somewhat cold, he decided to light a fire and caused some damage. There was medical evidence that the defendant was schizophrenic and that this involved a reduced ability to appreciate or foresee risks to that ...

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