UDAM (CASES)

Question 1

Franklin

Answer 1

The unlawful act must be a crime opposed to a civil wrong. Civil act cannot be UAM

Question 2

Larkin

Answer 2

AR OF UAM - Unlawful act
The only MR the D had was for assault

Question 3

Arobieke

Answer 3

AR of UAM - unlawful act
There was NO unlawful act as an assault had not been established

Question 4

DPP V Newbury & Jones

Answer 4

AR of UAM - The unlawful act must also be a dangerous one
It is unnecessary to prove that D knew that the act was unlawful and dangerous

Question 5

Church

Answer 5

AR of UAM - definition of dangerous
Would the reasonable person see a risk of some physical harm from D’s act?

Question 6

Dawson

Answer 6

the ‘reasonable person’ could be assumed to have the same knowledge as the actual D and no more.
the risk of harm has to be physical harm.

Question 7

Shohid

Answer 7

Unlawful does not have to be the only cause of death, D can still be liable even if there are other factors

Question 8

Dalby

Answer 8

V had self-injected therefore the chain of causation was broken

Question 9

Cato

Answer 9

D injected the V several times during the night, the amount proved to be fatal so D was charged

Question 10

Mitchell

Answer 10

Indirect AR - the act need not be aimed at the V
The D is liable for UAM despite the fact that the person hit was not the one who died

Question 11

Goodfellow

Answer 11

It has been decided that the act can be aimed at property