UAM Flashcards
The crime committed must be unlawful
Franklin
It cannot be a tort must be a positive act
Lowe
What is lord justice Davies definition of a dangerous act in Church
As an act that a sober and reasonable person would realise there is a risk of some harm
A sober and reasonable person would realise the risk
Bristow
A sober and reasonable person would not realise the venerability of the person
Dawson
The sober and reasonable person would realise the vulnerability
Watson
The objectively dangerous test does not take into account age and mental capacity
JF and NE
The reasonable and sober person must for see a risk of some harm not a specific harm
JM and Sm
The objectively dangerous test does not have to be aimed at the V
Larkin
Can be aimed at property
Good fellow
The D’s conduct must cause the death
Attorney general reference number 3 of 1994
The D must have the men’s Rea of an act
Lamb
Transferred malice can apply
Mitchell
Irrelevant if the D did not foresee or intend the harm all that matters is if they satisfied the men’s Rea
Newbury and jones