UAM

Question 1

Type

Answer 1

Common law offence, max life imprisonment

Question 2

Unlawful act

Answer 2

-Must be a crime (R v Franklin)
-Act not omission (R v Lowe)
-All elements of unlawful act must be complete (R v Lamb)
-Criminal act used doesn’t matter as long as its consistent (r v Kennedy)

Question 3

Dangerous Act

Answer 3

Sober and reasonable person would foresee risk of some harm (DPP v Newbury and Jones)
Original was R v church - dump body in river
Case law includes:
- Slab off bridge (DPP v Newbury and Jones)
- Robbery with imitation gun (R v Dawson)
- Brick through window (R v Watson)
- Set fire to duvet in derelict building (R v JF and NF)
- Fleeing scene (R v Bristow)
Alteraction with bouncer (R v JM and SM)

Question 4

Causes death

Answer 4

Causation rules apply

Question 5

Cases involving injection of drugs

Answer 5

if V injects drugs themselves, breaks chain of causation ( R v Kennedy)

Question 6

Mens rea

Answer 6

Mens rea of original unlawful act complete
No need to foresee death or harm (DPP v Newbury and Jones)
Rule of transferred malice applies (R v Mitchell)