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