UAM

• Definition

  Common law offence where

  • D commits an unlawful act
  • That was dangerous
  • Causing V's death
  • MR of unlawful act
• Unlawful act

  Must be

  • A crime not a tort
  • Successful (all elements satisfied)
  • Not an omission
• R v Franklin

  Must be a crime not a civil tort
• R v Lamb

  Must satisfy all elements
• R v Lowe

  Omissions cannot be used for UAM
• 'Dangerous'

  Objective test ( DPP V Newsbury and Jones)

  Would the reasonable and sober man recognise the risk of some physical harm? ( R v Church)
• JM and SM


  As long as some harm is foreseeable, the type doesn't need to be.
• R v Dawson

  Harm must be physical and foreseeable
• R v Goodfellow

  Can be aimed at property if some harm was forseeable
• Causing V's death

  Legal and factual causation

  • R v White (but for test)
  • R v Kimsey (De minimus test)
  • R v Cheshire (sig contirbution)
• R v Mitchell

  Acts of TPs cab break chain of causation
• R v Kennedy

  Vs own act can break Chain of causation if it was a sig contibution
• R v Lewis

  V's own act Must be daft and unforeseeable to break chain of causation
• MR

  Must be that of unlawful act
• R v Lamb

  D doent need MR for death or even harm, only that of the unlawful act