Gross Negligence Manslaughter Flashcards

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1
Q

what case stated the main principles of gross negligence manslaughter

A

R v Adomako

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2
Q

what case developed the law

A

R v Broughton

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3
Q
  1. Duty of care
    R v Adomako
    Robinson v CCWP
A

ordinary principles of civil law negligence apply
look for existing precedent

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4
Q
  1. Breach of Duty
    R v Singh
A

a duty of care to manage and maintain property (contractual duty)

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5
Q

R v Litchfield

A

ship master, has duty as senior operator (contractual duty)

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6
Q

R v Stone and Dobinson

A

voluntary acceptance of responsibility of another

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7
Q

R v Wacker

A

agreed to bring 60 illegal immigrants across to UK

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8
Q
  1. Serious and obvious risk of death
    3 steps
A
  1. evidence of a serious risk of death through the defendants actions
  2. foresight of death as a result of their actions
  3. causation rules (remember cases)
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9
Q
  1. Grossly negligent
    R v Adomako/Misra and Another/Rose
A

jury must consider all of the circumstances and the the seriousness of breach of duty
a reasonable prudent person would have foreseen a serious and obvious risk of death

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