UAM Flashcards
What is the first element
Unlawful act
R v Lowe
Omissions aren’t enough
R v lamb
Cannot be guilty if no unlawful act
r v Mitchell
Doesn’t need to be aimed at V
What is the 2nd element
Dangerous act
What is the objective test
Need not be the accused that foresaw the harm but a ‘sober and reasonable’ person
David LJ church
Risk only be of some harm
R v Dawson
Held fear isn’t enough to cause d to warrant conviction
r v Larkin
The objective test
R v church
Tried arguing burglary isn’t dangerous ( it is )
r v good fellow
Can be aimed at property so long as a sober and reasonable person deems it to be
What is the 3rd element
Substantial cause of death (causation)
R v Kennedy
Breaks chain of causation
AG REF NO4
Series of acts can be UAM
What is the 4th element
Men’s rea of original unlawful act
R v Newbury and jones
D only needs me for initial act