UDAM Flashcards
UDAM Requirements
- Must be a criminal Act
- Must be an Act (NOT omission)
- Must be objectively dangerous
- Must cause death
- Must have MR for unlawful act
R v Franklin
D dopped Box of Brighton Pier, it hit a swimmer.
Court held act was civil and could not constitute UDAM
R v Lamb
D killed best friend with a revolver, did not have MR as niether of the Men thought it would fire
NOT UDAM as no MR
R v Lowe 1973
D was found Guilty of wilful negligence of his son and manslaughter
CoA quahsed conviction as wilful neglect is an omission not act
Guilty of GNM
R v Church
Objective Test for dangerousness
- D had fight with woman, knokced her out, tried to bring her round, thought she was dead, dumped her in river, she drowned
Guilty of UDAM
Church Test
Unlawful act must be such as all sober and reasonable people would inevitablu recognise the risk of SOME HARM RESULTING
DPP v Newbury and Jones
Two 15yr olds killed a train guard when they dropped a paving stone of a bridge onto train.
COnvicted of UDAM
R v Larkin
D waved raxor intending to frighten his Mistresses lover, He claimed she fell onto razor as she was drunk, she died.
Guilty of UDAM
R v Mitchell
After attempting to jump queue at post office, D hit an old man who challenged him, the man fell back and kncoked a woman who the. died.
MR was transfererd
Guilty of UDAM
R v Goodfellow 1986
D wanted coucnil to rehome him, in attempt to simulate a petrol bomb, he poured petrol onto his furnture, fire spread and killed his family
D Guilty of UDAM - Arson unlawful act
R v Dhawali
V committed suicide after being psycologically bullied by D.
Charged with UDAM
CoA quashed due to lack of evidence
Obiter Dicta said possible to convict.
R v Kennedy
D was charged with UDAM after supplying the drugs that killed V (she self-injected)
HoL quashed as self-injection was novus actus interveniens
