UAM evaluation

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  • Created by: kxslxy
  • Created on: 26-05-19 11:03

UAM evaluation

Advantages

  • Covers a wide range of conduct so allows for conviction  where MR cannot be proven

Disadvantages

  • Act can be minor, eg pushing but can also be very serious yet they are charged the same which can be seen as unfair- varying levels of blameworthiness
  • Death is often an unexpected result- eg R v Mitchell as if it wasn't for the death then a lesser offence would be charged
  • LC 1994 recommended the abolition of UAM
  • objective test- why should D be guilty if they did not realise the risk
  • Objective test conflicts with other offences where recklessness is okay for MR so inconsistencies

Evaluation

- reform would reflect the different levels of blameworthiness with separate categories- 3 tier structure was recommended with a subjective test so people who were unaware of risk would not be guilty

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