UDAM Flashcards
What is unlawful dangerous act manslaughter ?
Committed when someone commits an unlawful dangerous act causes Vs death with intention to commit the unlawful act.
What is the definition of criminal ?
The act must be criminally unlawful e.g not a tort an example of this is Arson, criminal damage (R V Lamb)
What is an act ?
The killing must happen as a result of the defendants act not omission ( R V Lowe)
What is the church test ?
The unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm resulting there from serious harm (R V Church)
What is aimed at victim
The act does not need to be aimed at the victim as long as a reasonable person could recognise they were put at risk. ( R V Larkin)
What is some harm ?
Reasonable person would foresee some harm from Ds actions. ( R V JM and SM)
What is acting against property ?
It could have been aimed at property as long as it also carried a risk of some harm to people (R V Goodfellow)
What is victim frailty ?
Harm can depend on circumstances and the V themselves ( R V Watson)
What is the but for test
But for the Ds actions would the V have died as and when they did ? ( R V Pagett)
What is the De Minimis Rule?
Is D more than a minimal cause of the death ? (R V Kimsey)
What is the men’s rea ?
The defendant must have the men’s rea for the original act. (DPP V Newbury & Jones)
