1B - Involuntary Manslaughter - Gross Negligence Manslaughter - Case List Flashcards
Adomako - case facts
D was an anesthetist during an eye operation. During the operation, the oxygen tube supplying him oxygen slipped and became disconnected for several minutes. The patient had a heart attack and died months later due to brain damage. A competent anesthetist would have noticed the disconnected tube within seconds before any long-term damage could occur. D’s failure to do so was described as ‘abysmal’. Conviction for GNM upheld by HOL
Adomako - Lord Mackay
Step 1: ‘ordinary principles of negligence as in civil law should apply when assessing if duty exists’ and ‘having regard to the risk of death involved, the conduct of the D was as bad in all the circumstances as to the amount in their judgment to a criminal act or omission’
Adomako - Jury
The jury decides if the conduct of the D is to be judged as criminal
Stone and Dobinson
Voluntary duty
Gibbins and Proctor
Duty due to a relationship
Pittwood
Contractual duty
Miller
Duty because the D is set in motions of a chain of events
DID NOT RESULT IN DEATH - CREATION OF A DANGEROUS SITUATION
Evans
Duty because the D is set in motions of a chain of events
DID RESULT IN DEATH - CONTRIBUTION OF A DANGEROUS SITUATION
Caparo v Dickman
Created a three-stage test to see if there is a duty of care
- Proximity due to a relationship?
- Reasonability foreseeability of harm?
- Is it fair, just, and reasonable to impose a duty of care?
Donoghue v Stevenson
First established the idea of duty of care. Also established the neighbour principle
And that manufacturers owed a duty of care to the consumer
Nettleship v Weston
- Road users owe a duty of care to other road users
- Learners/inexperienced people are judges by the standard of the competent person performing the same task
Bolam
- Doctors owe a duty of care to their patients
- There is a higher standard of the reasonable person if its an expert/professional
Waker
Even if the D and V are taking part in a criminal activity the D can still owe the V a duty of care
Blyth v Birmingham Waterworks
That they must meet the standard of the reasonable person in the same situation/doing the same activity
‘In failing to do (…) the D has failed to meet the standard of the reasonable person, as they would have (…)’
Mullin v Richards
There is a lower standard for children