UAM Flashcards
(26 cards)
Definition and case
R v Burstow- unlawful act intentionally performed in circumstances rendering it dangerous causing death
lawful act intentionally cases
R v Franklin
R v Meeking
R v Franklin
- box in sea thrown case, can’t be civil wrong
R v Meeking
can’t be when negligent
must it be a full crime?
R v Lamb - yes
act or omission?
R v Lowe - can’t be omission
need not be directed at V cases
R v Mitchell
AG réf no3 94
R v Dhaliwal
R v Lipman
R v Mitchell
A punched B fell onto C - broke bone - died later in hospital - was malsaughter as no reason if policy why not
R v Dhaliwal
B develops a psychiatric condition due to As behaviour and kills themselves A could be UAM
AG réf no3 94
stabbed pregnant woman - child died - manslaughter
R v Lipman
- must disprove any defences
circumstances rendering it dangerous cases
R v Church
DPP v Newbury and Jones
R v Church
all sober and R people recognise act creates risk of some harm
DPP v Newbury and Jones
Objective test of dangerousness
risk of some harm cases
Dawson
R v Ball
R v Carey
R v JM and SM
R v Bristow
R v Dawson
shock led to heart attack
emotional disturbance not enough
Sensible and reasonable person with same knowledge as D see risk
R v Watson
can bring into account knowledge learnt during offence
R v Ball
Ds own belief if irrelevant is S and R person knows same facts
R v Carey
no one knew of condition so not UAM
R v JM and SM
do not need to know precise form of harm
doorman case
R v Bristow
risk of harm driving away from burglary - one road in and out and powerful vehicle
causation?
yes normal rules
Mitchell
UAM undermines minimum moral culpability needed for homicide
