UDAM

Question 1

What must D commit + case

Answer 1

A unlawful positive act which does not include civil wrongdoings or omissions
R V Lamb- no assault, no unlawful act

Question 2

Church test

Answer 2

Act needs to be dangerous according to the church test which states “when a reasonable person will recognise the act will cause some harm”

Question 3

Does it need to be forseeable that serious harm would occur + case

Answer 3

No

R V JM+SM the court found the sober and reasonable person would forsee some harm from the fight

Question 4

Do they need to satisfy all elements of causation to have caused Vs death

Answer 4

Yes

Chain of causation mustn’t be broken

Question 5

MR + case

Answer 5

D must have the MR for the original act

DPP V Newbury and Jones courts held D does not have to forsee harm from the act or realise it is dangerous

Question 6

Def

Answer 6

When someone commits an unlawful dangerous act that causes vs death with intention to commit the unlawful act