A01 UDAM Flashcards
What is described as an Unlawful Act?
Criminally unlawful e.g. arson, battery, robbery.
Act not an omission
Killing must happen as a result of D actions. Not an omission.
What is the Church Test
The act must be dangerous as decided in the church test: “all sober and reasonable people would recognise and for-see that they are subjecting the other to some risk of harm”
Aimed at the victim
The act does not need to be aimed at the victim, as long as all reasonable people would realise they were put at risk.
Act against property
The act can be against property as long as it also carries some risk of harm to people.
Victims fratality
Harm can depend on the circumstances and V themselves. E.g. age.
Causation for UDAM
But for test
De mimimis principle
Mens Rea
The MR for UDAM is simply the MR for the base offence. There are no extra requirements such as foreseeing risk of death.
Key case for unlawful act
(R v Lamb)
Key case for omission
(R v Lowe)
Key case for Church Test
(R v Church)
Key case for Aimed at Victim
(R v Larkin) women tripped onto open blade
Key case for act against property
(R v Goodfellow) Sunderland
Key case for Victims Fratality
(R v Watson)
Key case for Mens Rea
(R V Newbury and Jones)
