UAM Flashcards
Define UAM
Where D commits a criminal act which results in death but does not have the MR for the unlawful killing
What s the maximum sentence?
life imprisonment
list the 4 steps to go in order
- commit unlawful act
- act must be dangerous
- act must cause death
- have MR for unlawful act
D must commit an unlawful act. A civil wrong is not enough as shown in (case?)
R v Franklin
What did R v Lamb show about liability?
Where there is a killing but not an unlawful act, the D cannot be liable for the death
What did R v Lowe show?
The unlawful activity must be an act, an omission alone is not enough
What test is used to determine dangerousness
objective test
R v Church held that it must be ‘such as..’
’.. all sober and reasonable people would recognise that it must subject the other person to, at least some harm, albeit not serious harm.’
the risk of some harm + act needs to be aimed at the victim. T?F?
FALSE.
Name the 2 cases that show it does not matter that D doesn’t realise the risk of some harm and the act need not be aimed at the V
R v Larkin & R v Mitchell
What does R v J M and S show
its not necessary for the sober and reasonable person to foresee the particular type of harm the V suffers
what did R v Larkin & R v Mitchell show
it does not matter that D doesn’t realise the risk of some harm and the act need not be aimed at the V
What standards is the D judged by?
What the reasonable man would know at the time
What does R v Dawson show
What the reasonable man would know at the time
What does R v Watson show
the reasonable man would only know what the D knew e.g threatening an old man even if u don’t know they have a condition u could assume due to age
