UAM Flashcards
what must be proved for UAM
that D committed an unlawful act which is dangerous on an objective test which causes death. must have MR for UA
4 elements
1) unlawful act
2) dangerous act
3) causing death
4) MR for UA
what case stated that a civil wrong is not enough to create liability
Franklin
in what case was there no unlawful act as V did not fear violence
Lamb
is an omission enough
no, must be an unlawful act
what case stated that wilful neglect could not amount to UAM
Lowe
is ‘dangerous’ an objective or subjective test
objective
what case stated that if a sober + reasonable person would realise the UA may cause some harm then that is sufficient
Church
what case stated that you do not have to foresee a specific type of harm
JM & SM
what case confirmed that if D performing an unlawful, dangerous act, likely to injure another + inadvertently causes their death, then guilty
Larkin
what case stated that act doesn’t have to be aimed at V
Mitchell
what act states the act can be aimed at property
Goodfellow
what case stated that the circumstances of the burglary could make the act dangerous on an objective test
Bristow
what case stated that risk of harm includes shock but not mere ‘emotional disturbance’
Dawson
what case confirmed that where a reasonable person would be aware of V’s fratility + risk of physical harm to V, then he will be guilty
Watson
what case confirmed that if D supplied + injected V with drugs then they’ll be guilty
Cato
what case stated that if V self-injected drugs then the act of self-injection was a voluntary intervening act by V which broke the chain
Kennedy
what case stated that not necessary for D to realise the act is unlawful or dangerous
Newbury & Jones
