UAM Flashcards
brief description of UAM
doesn’t intend to kill the victim or cause GBH but has committed an unlawful act that results in the death
Actus Reus (3 principles)
- act must be unlawful
- act must cause the death
- act must be dangerous
Mens Rea
must have the mens rea of the unlawful act- only needs this not the mens rea of the harm
Stone and Dobinson
to be guilty of UAM D must commit an ACT cant be an OMMISSION or will be GNM
Franklin
the act must be a crime- a civil wrong is not enough
Lamb
must complete the actus reus and the mens rea of the unlawful act
DPP V Newbury and Jones
only need the mens rea of the unlawful act- dont need to prove they forsaw the risk of harm
Mitchell
transferred malice
types of causation
- factual
- legal
factual case
Pagett
legal case
Smith
thin skull rule case
Blaue
Dear
self neglect by V doesnt break the chain
drugs (2 principles)
- committed an unlawful act
- has D caused V’s death or does self injecting break the chain
Cato
D injecting V is an unlawful act. D= factual and legal cause of death
Kennedy
voluntarily self injecting breaks the chain of causation- D will be aquitted
act must be dangerous cases (6)
- Church
- Dawson
- Watson
- RV JM and SM
- Goodfellow
- R V Farnon and Ellis
Church
a sober and reasonable person will know it could cause some harm
Dawson
forsight of emotional harm is not enough to prove the act was dangerous
Watson
dangerous if the reasonable and sober person would realise it might cause “physical harm”. age and frailty considered
R V JM and SM
not necessary for the reasonable and sober person to foresee the specific type of harm V has suffered just that there would be physical harm
Goodfellow
unlawful act can be aimed at property provided sober and reasonable person would of realised it still carried a risk of physical harm to a person
R V Farnon and Ellis
D will be compared to a sober and reasonable person even if D is not sober and reasonable
