Unlawful Act MS

Question 1

AR and MR

Answer 1

AR - same as murder only that omission does not suffice (Franklin)

MR - variable depending on the situation but will be the MR for the unlawful act so for example criminal damage - (R v G) - def must be shown to have at least been aware of the risk of criminal damage and to have unreasonably taken that risk.

Question 2

To prove def is liable must commit…

Answer 2

1) unlawful act
2) dangerous act
3) an unlawful act which causes death
4) d must have intended unlawful act

Question 3

Franklin

Answer 3

Unlawful act must be a criminal offence not an omission

Question 4

Lowe

Answer 4

The act must be intentional but there does not need to be an intention to cause harm

Question 5

Can be committed through:

Answer 5

Arson (goodfellow)
Robbery (Dawson)
Criminal damage (Newbury Jones)

Question 6

Dangerous act

• Watson
• Church

Answer 6

Watson- an unlawful act must be objectively dangerous

Church - unlawful act must be one that sober and reasonable person would recognize the risk of harm

Question 7

Unlawful act that causes death

• Rogers
• Shohid

Answer 7

Rogers - unlawful act must be substantial of victims death

Shohid - it is sufficient to show that any of the defendants unlawful acts caused victims death

Question 8

Lamb

Answer 8

Lamb - unlawful act must have been intentional

Question 9

Prosecution does not need to prove act as unlawful only that there was intention

Answer 9

If act unlawful is up to the judge and jury

Question 10

R v Evans

Answer 10

Administered V self induce drugs

Held that def created/ contributed to creation of dangerous state of affairs which he know or ought to reasonably have known had become life threatening hence he was under a duty of care to take reasonable steps

Question 11

R v Church

Answer 11

Whether reasonable person seeing unlawful act would have foreseen the risk of some physical harm occurring to the victim

Question 12

S 47 OAPA 1861

Answer 12

Consent is not a defence to deliberate infliction of ABH unless lawful activity (r v brown)

Question 13

Self administration of drugs

Answer 13

Not Unlawful Act

Question 14

R v Kennedy

Answer 14

No liability for manslaughter where defendant prepared drugs but victim self injected and overdosed and died

• v fully informed adult and therefore not appropriate to hold def liable
• self admin of heroin is a free and voluntary act caused by deceased in short would be considered a NAI

Question 15

R v Dalby

Answer 15

Conviction for manslaughter quashed because supply of drugs was not the cause of death it was instead the deceased’s act of injecting himself which was the direct cause of death