unlawful act Flashcards
how many element does UAM have and what are they
four
clear d has committed unlawful offence
dangerous act which causes death
with MR
what sentence does UAM carry
maximum life sentence
D must commit an unlawful act omission is not sufficient case
Lowe
Franklin definition
must be a criminal act
Lamb definition
if any element of the offence is missing then it is not a criminal act
Andrews
the act must be unlawful it’s self not something that becomes unlawful as a result of D’s conduct
Identified by prosecution case
Jennings
the UA does not have to be aimed at victim case
Mitchell
it can also be aimed at property what is the case for this
Good fellow
there must be obvious risk of some harm to a sober reasonable person case
church
Newsbury and jones
dangerous is an objective test judged to what an ordinary person would realise not D
JM AND SM
the SRP doesnt have to foresee that particular type of harm just some physical harm
Dawson
the SRP has the same knowledge as the D at the scene
act must be cause of death
recite causation
factual white but for test
legal de minimus more than a slight link kimsey
intervening acts 3rd party cheshire victim roberts act of god
thin skull blaue
will the person who supplies the drugs be liable in drug cases and case
no the person who consumes them breaks the chain of causation (kennedy)
