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It would be difficult to dispute the fact that Adam is guilty of the actus reus of the crime, presuming that Eve has sustained "really serious bodily injury", as defined in R. v. Moloney [1985] A.C. 905 at p917, by Lord Bridge of Harwich.
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As Adam has been convicted of the offence our energy must now turn towards the grounds on which an appeal will be initiated. The appeal will most certainly revolve around the comments the judge made to the jury regarding Adams intentions and the mens rea of the offence. The argument will be that the judge wrongly defined the culpability involved in section 20 of the Offences Against the Person Act 1861, and incorrectly illustrated the use of the word maliciously, which through common law has become consistent with the use of Cunningham recklessness. It would be difficult to dispute the fact that Adam is guilty of the actus reus of the crime, presuming that Eve has sustained "really serious bodily injury", as defined in R. v. Moloney [1985] A.C. 905 at p917, by Lord Bridge of Harwich. It must also be assumed that the jury has come to that conclusion...
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