C/Gross negligence manslaughter

Question 1

Intro?

Answer 1

-d would be charged with gross negligence manslaughter.
-maximum sentence life imprisonment
-6 requirements (adamando) confirmed in case of (broughton.)

Question 2

what is the first requirement?

Answer 2

-a duty of care must be established.
- ‘so closely affected by the d’s acts they ought to have them In contemplation ‘(Donoghue v Stevenson)
-a duty of care can still exists when d and v engage in unlawful activity (r v Wacker)

Question 3

what is the second requirements?

Answer 3

-d negligently breached the duty of care
-same standard as learners and professionals
-compared to a reasonable person (r v wacker)

Question 4

what is the third requirments?

Answer 4

-must be a serious and obvious risk of death at the time of breach
-the risk of death being a clear unambitious risk (r v Misra)

Question 5

what is the fourth requirement ?

Answer 5

-serious an obvious risk was foreseeable
-doesn’t matter if d didn’t recognise
-obvious to a reasonable person

Question 6

what is fifth requirement?

Answer 6

-‘but for’ (pagett)
-operating and substantial cause (smith) no intervening acts

Question 7

what is sixth requirement?

Answer 7

-breach must amount to gross negligence
–negligent not enough had to be grossly negligence
-disregard for the life and safety of others (Bateman)
-jury decide where conduct was so bad in all circumstances(Adomako)