The act must be dangerous - assess objectively using the Church test which states:
'Would a reasonable person realise the risk that the act could cause harm all be it not serious
5 of 20
Church test was confirmed in what other case?
Ball 1989
6 of 20
The unlawful act must have caused the death.
Factual and Legal
7 of 20
Factual Causation states...
'but for the D actions would the V have died?'
8 of 20
Legal Causation states...
Is the defendants act the operative and substantial cause of the victims death?'
9 of 20
Things that can break the chain of causation...
Escape attempts, Medical intervention, Life support turned off, egg shell skull rule, Arson, Brugulary - death by shock
10 of 20
What are the two UA surrounding drugs cases...
1) Supply of drugs - V administered himself (causation break) 2) S23 administration of a noxious substance - drug dealer doesnt inject = breaks causation chain
11 of 20
Cases that support causation breaks are...
Kennedy, Dias
12 of 20
The case that there was no break in the chain of causation is...
Cato 1976
13 of 20
The mens rea of UA mans is:
Whatever the UA is the mens rea is that of the UA
14 of 20
Mens Rea of Assault
'Intention or recklessness as to causing the victim to apprehend fear of immediate, physical violence
15 of 20
Mens Rea of Battery
Intention or Recklessness as to the application of force to victim
16 of 20
Mens Rea of S20
Intent or reckless as to cause some harm
17 of 20
Mens Rea of S47
Intent or reckless as to causing ABH within either the mens rea of Assault or Battery
18 of 20
Mens Rea of S23
Maliciously - intent or reckless as to endanger life or cause GBH
19 of 20
Mens Rea of criminal damage
Intent or reckless as to the damage / destruction of property
20 of 20
Other cards in this set
Card 2
Front
4 things that are needed to be proven...
Back
1) Unlawful 2) Dangerous 3) It caused death 4) D had mens rea for UA
Card 3
Front
6 things the criminal act could be:
Back
Card 4
Front
Three cases where there was no UA...
Back
Card 5
Front
The act must be dangerous - assess objectively using the Church test which states:
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