UDAM

Question 1

What is the definition?

Answer 1

Provide a partial defence to murder which will reduce liability to involuntary manslaughter for committing a criminal act which resulted in the death of V

Question 2

What is a criminal act?

Answer 2

Something which is criminally unlawful and not a tort (lamb)

Question 3

What must the killing be?

Answer 3

The killing must happen as a result of D’s actions not an omission (Lowe)

Question 4

What is the church test?

Answer 4

The unlawful act must cause a risk of harm which is recognisable to the reasonable person that it would cause a risk of harm (church)

Question 5

Does it need to be aimed at the victim?

Answer 5

No as long as it still poses a risk of harm to them (Larkin)

Question 6

Can it be aimed at a property?

Answer 6

Yes as long as it poses a risk of harm to the person still (good fellow)

Question 7

What is victims fragility?

Answer 7

Harm can depend on the circumstances of V themselves (Watson)

Question 8

What is factual causation?

Answer 8

But for test (Padgett)

Question 9

What is legal causation

Answer 9

De minimis principle (kimsey)

Question 10

Any intervening acts?

Answer 10

Kennedy number 2- if V administers there own drug then it is Vs own daft act

Question 11

Men’s rea?

Answer 11

For the base offence, no extra requirements (Newbury and jones)