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Criminal
Fatal
Unlawful Act MS
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Created by
Jessica Admans
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Cards (14)
u drink cows milk - unlawful act - dangerous -
causation
-
mens rea
There must be an
unlawful
act
Must be a
criminal offence
, a civil wrong is not sufficient (
Franklin
)
Must be a
criminal act
(
Lamb
)
Must be a
physical act
,
omission
is not enough (
Lowe
)
The
unlawful act
must be
dangerous
Objective test -
“sober and reasonable
person must see a risk of some harm- albeit not serious harm” (
Church
)
Act does not need to be aimed at the
victim
, starting chain of events (Larkin) (
Mitchell
)
Act does not need to be
aimed
at a person (
Goodfellow
)
Risk of harm must be
physical
in order to be deemed dangerous (
Dawson
)
The
unlawful act
must cause
death
Causation rules apply - the act must be
physical
and
legal
cause of death
For drug related cases:
If
injection
is voluntary, not guilty (
Dalby
)
Prepared injection, encouraged it,
guilty
at first but later quashed as
self-injecting
breaks the chain.
The defendant must have the mens
rea
for the unlawful act however does not need to foresee any harm (
Newbury
and Jones)