ABSTRACT
We have considered those cases, and we have also considered, in the light of those cases, the following principle which was propounded by the late Professor CS Kenny in the first edition of his Outlines of Criminal Law published in 1902 and repeated at p 186 of the 16th edition edited by Mr JW Cecil Turner and published in 1952: ‘In any statutory definition of a crime, malice must be taken not in the old vague sense of wickedness in general but as requiring either (1) An actual intention to do the particular kind of harm that in fact was done; or (2) [this is the important passage] recklessness as to whether such harm should occur or not (ie the accused has foreseen that the particular kind of harm might be done and yet has gone on to take the risk of it). It is neither limited to nor does it indeed require any ill will towards the person injured.’
