UAM Flashcards
4 tests to establish UAM
unlawful act
dangerous act
caused death
had MR for unlawful act
can unlawful act be by omission + case
No - Lowe
Do they need the AR of the unlawful act + case
yes - Lamb - V didn’t fear immediate unlawful force so no AR
What case set out the test for dangerous act
Church
What is the dangerous act test
Church - criminal act is one that a sober + RM would regard as being dangerous and carries a risk of some harm occurring
does the continuing act theory apply to dangerous act
yes - Church
causation that must be fulfilled + cases
CIF - but for test - White
CIL - MMA - Pagett
NIA - act of victim - Dear
Act of 3rd - Jordan
act of nature
When does the causation change
if drugs are involved
case for drug instances
Kennedy
What did kennedy state
D supplies V injects - no causation
D supplies + injects - causation
if V young or misinformed - causation
MR of unlawful act case
Newbury + Jones