UAM

Question 1

Definition

Answer 1

An unlawful act the unlawful act must be dangerous and the unlawful act must cause death.

Question 2

An act not omission

Answer 2

Lowe

Question 3

The act must be unlawful and must be crime in itself

Answer 3

Lamb

Question 4

An unlawful act doesn’t need to be aimed at victim

Answer 4

Mitchell/ Larkin knife waver

Question 5

Need not be aimed at a person

Answer 5

Goodfellow. Council house arson . Miller

Question 6

It must be dangerous

Answer 6

Bystander Test test for dangerousness is objective

Question 7

Would a sober and reasonable person realise risk of physical harm

Answer 7

Church

Question 8

Not necessary for S&R to force exact harm

Answer 8

S&R should see some harm. R v JM and SM

Question 9

Dawson

Answer 9

physical harm includes shock not emotional disturbance

Question 10

Bystander test

Answer 10

S&R has same knowledge as D at the scene

Question 11

Dawson

Answer 11

D didn’t know V had a weak heart. S&R wouldn’t know either

Question 12

Watson

Answer 12

D became aware V was old & frail. Obvious harm would come to someone in that situation. D got off

Question 13

Newbury and Jones

Answer 13

doesn’t matter if boys didn’t realise risk of harm . Test is objective

Question 14

3.Must cause death

Answer 14

Normal rules on causation.

Question 15

Kennedy

Answer 15

An intervening such as V self injecting

Question 16

Carey

Answer 16

Girl died from heart disease as she ran from fight. Not clear what she was running from.

Question 17

Lewis

Answer 17

V died while tried to run for D. V act continuing act not cause of death.

Question 18

Lewis

Answer 18

V died while tried to run from. So D guilty

Question 19

Mens Rea

Answer 19

Must have MR for the unlawful act. EG. battery reckless in applying force

Question 20

Newbury Jones

Answer 20

no need to prove D foresaw any consequence from act

Question 21

Defences

Answer 21

Could negate the Unlawful act.