uam , invol mans Flashcards
(8 cards)
invol man
blameworthy conduct , causes death , no intention to cause death
ar of uam
unlawful criminal act
dangerous act
causation
unlawful criminal act
must be positive act - Lowe
must be criminal act not civil - Franklin
can be against property - good fellow
dangerous act
test from church - defines dangerous act as ,
- would a reasonable person see this act as creating a risk of some harm
Larkin - act must be dangerous and capable of causing harm
Dawson - mere fear or distress isn’t enough , must be risk of psychical harm
causation
death must be caused by unlawful act
factual - but for test , pagett
legal - must be more than minimal - kismey
- can be one of several causes - Cheshire
thin skull rule applies - blaue
- chain of causation must stay unbroken
mr for uam
must have mr for unlawful act e.g theft
- no need to intend or foresee death or serious harm
intention
d must indeed the unlawful act , not death
includes both direct and indirect intent
foreseeability of hair
reasonable person must foresee some harm , dont have to be the exact harm
church