UAM

Question 1

define UAM

Answer 1

D must have done a dangerous criminal act which causes death

Question 2

elements of UAM

Answer 2

1- D must have committed an unlawful act
2- which is dangerous
3- which causes V to die

Question 3

what’s the MR for UAM

Answer 3

• same MR of the unlawful act (crime)
• MR does not need to be proven for death only intent/ SR for unlawful act

Question 4

what’s element 1
what does this mean
what can it not be

Answer 4

D must have committed an unlawful act
-act must be a crime
-D must have the AR and MR for the crime
-cannot be an ommission
-doesnt have to be targeted at a person

Question 5

good fellow

Answer 5

D had been harassed by 2 men so wanted to move from his council house, to get rehoused he set his house on fire, his wife and son died in fire
WAS UAM
POL- no requirement for the act to be targeted at a person

Question 6

Larkin

Answer 6

D waved a razor around intending to scare his friends , claimed his wife fell at the razor due to drunk state
WAS UAM
POL- was a dangerous act

Question 7

lamb

Answer 7

2 boys playing with a gun, believed it was unloaded and D shot at V, V died
NOT UAM
POL-not unlawful, D didn’t have MR or AR as V thought not loaded so didn’t apprehend immediate unlawful force

Question 8

what is element 2
what is it measured against
what’s the case

Answer 8

-which is dangerous
-is measured against an ordinary person- would they realise the risk of some harm and not just fear it
-church 1966

Question 9

what’s the church 1966 rule

Answer 9

would a RM recognise the unlawful act would subject another person the risk of some harm, albeit not serious harm

Question 10

Newbury and jones

Answer 10

2 boys threw a paving slab off a railway bridge as a train approached, the slab went through a glass window killing a guard
GUILTY UAM
POL-D act was unlawful and caused death

Question 11

what’s element 3
what’s an intervening act

Answer 11

• Ds act must cause death
  -causation applies
  -self injecting

Question 12

what points are considered in element 3

Answer 12

• did D do the unlawful act
  -did D cause Vs death/ was self injecting an intervening act

Question 13

dalby

Answer 13

D supplied a drug, V self injected
NOT UAM
POL- self injecting is an intervening act breaking the chain of causation

Question 14

Kennedy

Answer 14

D prepared injection of heroin and water for V to inject himself
WAS UAM
POL- D had assisted self injection

Question 15

Rodgers

Answer 15

D participated in self-injection of heroin by holding belt around Vs arm making it easier for V to find the vein
WAS UAM
POL- D helped self inject