UDAM GNM Flashcards
FRANKLIN
Pol: unlawful act must be criminal not civil
AROBIEKE
Even if the victim apprehended immediate unlawful violence, if Ds actions do not constitute an assault then there is no unlawful act, and therefore no UDAM.
CHURCH
Would the reasonable man see a risk of some physical harm from D’s act?
DPP Vice NEWBURY AND JONES
POL: it is unnecessary to prove that D knew that the act was unlawful and dangerous
LYNCH
D convicted of UDAM despite death being at least partially because of an unknown heart defect
Take ur victim as u find them
DAWSON
The judge in DAWSON stated that when applying the test laid down in
CHURCH the reasonable man’ could be assumed to have the same knowledge as the actual D and no more.
MITCHELL
The act need not be aimed at the victim (indirect AR)
GOODFELLOW
The act can be aimed at property
SHOHID
The UA does not have to be the only cause of death, still liable if there’s other factors
LARKIN (2)
For act to be dangerous RP must see some consequence of some physical harm
UA must cause death
ADOMAKO
Whether the conduct of d was so bad in all circumstances as to amount to a criminal act or omission
MISRA AND SRIVASTAVA
The prosecution has to prove that it was certain or highly probable that the victim would have survived if the D had done something.
The reasonable man must see a risk of death from the Defendants act or omission.
DALBY
House of lords ruled that a voluntary act by the victim can also break the chain of causation.
CATO
Administering a noxious substance constitutes to an unlawful act.
EVANS
Defendant has a DOC because the D has voluntary assumed responsibility due to either:
• Prior friendship.
• Control of the environment in which the incident occurs.
• Some prior involvement.
