AXTUAL GROSS NEG MANSLAUGHTER Flashcards
Adomako
Doctor failed to realise patient oxygen disconnected patient died .convicted. Established 3 stage
- doc
- breach causing death
- breach so negligent deserves conviciton
R v wacker
Smuggled immigrants into uk . 50 suffocated. Tried to rely on the victims committing crime . Convicted
R v Evan’s
Supplied heroin go half sister. Siste self administered , d watches overdose and chose not to get help
POL of Evan’s
Duty can arise if d created or contributed to creation of affairs
Risk of death def
Must be reasonably foreseeable at time of death there was serious risk
R v rose
Risk Need to be pobvious and not after inspectiom
R v misra and srivastava
Victim underwent routine operation. Doctors failed to diagnose infection and he died. Failure created risk of death and convicted
R v Bateman
Objeciveless
A-G Reference
Jury can convict if conduct sufficiently negligenrt
R V Lidar
Recklessness - choose to ignore risk. Drove car with person hanging out window nd crushed them