1/4
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
Identify the unlawful act
Lamb - the act must be unlawful. Lowe - Must be an act not an omission.
Andrews v DPP
Dangerous - objective
Church - Would the reasonable sober person foresee some harm.
Mitchell - harm does not need aimed at actual victim.
Dawson - Robbery counts if V is frail.
Watson - Know v was vulnerable?
Goodfellow - harm can be aimed at property.
Prove it causes death
Factual causation - white
Legal - Corion Augustine (direct and substantial)
Shohid - must be a cause but not the only cause.
DPP v Newberry
Breaks in chain
V's own acts - Roberts (if the V's actions are reasonably foreseeable they don't break the chain.
Williams (if the V's actions are reasonably foreseeable, they do break the chain) its up for the jury decide this.
Mitchell-Transferred malice
Jordan - Palpably wrong medical treatment
Mens rea of unlawful act
D must have MR for the unlawful act, not for death - Newbury and jones
Cunningham - the test for recklessness (was there a risk to the act did the defendant know?)