Unlawful Act MS

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)