UAM Flashcards
Definition
An unlawful act the unlawful act must be dangerous and the unlawful act must cause death.
An act not omission
Lowe
The act must be unlawful and must be crime in itself
Lamb
An unlawful act doesn’t need to be aimed at victim
Mitchell/ Larkin knife waver
Need not be aimed at a person
Goodfellow. Council house arson . Miller
It must be dangerous
Bystander Test test for dangerousness is objective
Would a sober and reasonable person realise risk of physical harm
Church
Not necessary for S&R to force exact harm
S&R should see some harm. R v JM and SM
Dawson
physical harm includes shock not emotional disturbance
Bystander test
S&R has same knowledge as D at the scene
Dawson
D didn’t know V had a weak heart. S&R wouldn’t know either
Watson
D became aware V was old & frail. Obvious harm would come to someone in that situation. D got off
Newbury and Jones
doesn’t matter if boys didn’t realise risk of harm . Test is objective
3.Must cause death
Normal rules on causation.
Kennedy
An intervening such as V self injecting