UDAM

Question 1

what is criminal and what case is this defined in?

Answer 1

the act needs to be criminal and not a tort

(r v lamb)

Question 2

what is an act and not an omission and what case is this defined in?

Answer 2

the killing must happen as a result of the d’s act not omission

(r v lowe)

Question 3

what is the church test and what case is this defined in?

Answer 3

“unlawful act must be such as all sober and reasonable people would inevitably recognise the subject of the other person to atleast the risk of some harm resulting there from abit and not serious harm”

(r v church)

Question 4

what is aimed at the victim and what case is this defined in?

Answer 4

the act does not need to be aimed at the victim as long as the reasonable people would recognise they were at risk

(r v larkin)

Question 5

what is some harm and what case is this defined in?

Answer 5

reasonable people would foresee some harm from d’s actions (dont need to predict serious harm)

(r v JM and SM)

Question 6

what is act against property and what case is this defined in?

Answer 6

it could’ve been aimed at property, as long as it also carried a risk of some harm to people

(r v goodfellow)

Question 7

what is victim frailty and what case is this defined in?

Answer 7

harm can depend on the circumstance and the v themselves

(r v watson)

Question 8

causation (factual and legal)

Answer 8

factual- but for test (r v pagett)
legal-de mininis (r v kimsey)

intervening acts- act of v , act of god , act of 3rd party

Question 9

mens rea and what case is this defined in?

Answer 9

required for udam
base offence no extra required such as foreseeing the risk of death

R v newbury and jones