1B - Involuntary Manslaughter - Gross Negligence Manslaughter - Case List

Question 1

Adomako - case facts

Answer 1

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

Question 2

Adomako - Lord Mackay

Answer 2

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’

Question 3

Adomako - Jury

Answer 3

The jury decides if the conduct of the D is to be judged as criminal

Question 4

Stone and Dobinson

Answer 4

Voluntary duty

Question 5

Gibbins and Proctor

Answer 5

Duty due to a relationship

Question 6

Pittwood

Answer 6

Contractual duty

Question 7

Miller

Answer 7

Duty because the D is set in motions of a chain of events

DID NOT RESULT IN DEATH - CREATION OF A DANGEROUS SITUATION

Question 8

Evans

Answer 8

Duty because the D is set in motions of a chain of events

DID RESULT IN DEATH - CONTRIBUTION OF A DANGEROUS SITUATION

Question 9

Caparo v Dickman

Answer 9

Created a three-stage test to see if there is a duty of care

1. Proximity due to a relationship?
2. Reasonability foreseeability of harm?
3. Is it fair, just, and reasonable to impose a duty of care?

Question 10

Donoghue v Stevenson

Answer 10

First established the idea of duty of care. Also established the neighbour principle
And that manufacturers owed a duty of care to the consumer

Question 11

Nettleship v Weston

Answer 11

• 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

Question 12

Bolam

Answer 12

• Doctors owe a duty of care to their patients

- There is a higher standard of the reasonable person if its an expert/professional

Question 13

Waker

Answer 13

Even if the D and V are taking part in a criminal activity the D can still owe the V a duty of care

Question 14

Blyth v Birmingham Waterworks

Answer 14

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 (…)’

Question 15

Mullin v Richards

Answer 15

There is a lower standard for children

Question 16

Risk of death - Adomako

Answer 16

‘risk of death’ - given the seriousness of the charge, its fair that the test should be stated in Adomako

Question 17

Risk of death - Bateman

Answer 17

‘disregard for life and safety of others’

Question 18

Risk of death - Stone and Dobinson

Answer 18

‘risk to health and welfare’

Question 19

Risk of death - Misra and Srivastava

Answer 19

It was finally settled as there must be ‘an objective risk of death, not just harm’. The reasonable person would foresee a risk of death and not just some harm from the D’s actions/failure to act

Question 20

What degree of negligence is considered gross? - Bateman

Answer 20

• Set the test: ‘does the conduct of the accused show such disregard for the life and safety of there as to amount to a crime against the state and conduct deserving punishment?’
• Negligence must be ‘gross’ and beyond a mere matter of compensation between subjects
• HOL approved Bateman in Adomako