Cases-INVOLUNTARY MANSLAUGHTER

Question 0

GNM- what was the principle in adamako

Answer 0

Duty of care as an anaesthetist

Question 1

GNM- legal principle in Bateman (patient dies giving birth)

Answer 1

To be gross the negligence must have “such disregard for the life and safety of others”

Question 2

What was the legal principle in Andrews ( overtaking and killing a pedestrian)

Answer 2

Neighbour principle

Must go well beyond the tort of negligence

Question 3

GNM- What was the legal principle in Misra and others (2 doctors)

Answer 3

Must be a risk of death from ds conduct

Question 4

GNM- what was the legal principle in Singh (landlord)

Answer 4

Contractual duty of care

Question 5

GNM- legal principle in Wacker (illegal immigrants)

Answer 5

Ex turpi cause not apply in criminal cases

Question 6

GNM- legal principle in khan and khan (supplying heroin)

Answer 6

Duty to summon medical assistance in certain circumstances

Question 7

RM- what was the legal principle in Seymour

Answer 7

Introduced RM and Lirdar recognised

Question 8

CM- legal principle in Franklin

Answer 8

Must be criminal act

Question 9

CM- legal principle in Lamb (thought gun wouldn’t fire)

Answer 9

Lack of criminal act

Question 10

CM- legal principle in Larkin (threatened man with razor and girl fell on it)

Answer 10

Unlawful criminal act

Question 11

CM- legal principle in Lowe (child neglect)

Answer 11

Cannot be an omission

Question 12

CM- legal principle In Mitchell (post office pushing)

Answer 12

Act need not be aimed at victim

Question 13

CM- legal principle in goodfellow (firebombing house)

Answer 13

Aimed at property

Question 14

CM- legal principle in Cato (injecting each other)

Answer 14

Administering noxious substance causes death

Question 15

CM- legal principle in Dalby (supplies but doesn’t inject)

Answer 15

D does not cause death

Question 16

CM- legal principle in Dias (drug supplying)

Answer 16

D does not cause death

Question 17

CM- legal principle in rogers (d applies tourniquet v self injects)

Answer 17

D was part of unlawful act

Question 18

CM- legal principle in Kennedy (indicates Rodgers was wrong)

Answer 18

D does not cause death

He did not administer noxious substance

Question 19

CM- what persuasive principle did macangus and Kane suggest

Answer 19

V self injecting doesn’t necessarily break chain of causation

Question 20

CM- legal principle in church (dumped woman in river)

Answer 20

Objective test

Question 21

CM- legal principle in Watson (brick throug ph elderly mans window)

Answer 21

Act was dangerous - fear and frailty

Question 22

CM- legal principle in Dawson and others (robbery of petrol station)

Answer 22

Act not dangerous

Causing fear not enough

Question 23

CM- legal principle in Carey and others (one punch)

Answer 23

Not dangerous

Question 24

CM- legal principle in lynch (heart defect)

Answer 24

4 punches is dangerous

Question 25

CM- legal principle in Furby (one punch)

Answer 25

Convicted of CM

Question 26

CM- legal principle in Newbury and jones (pushed concrete and killed a guard

Answer 26

Only MR of unlawful dangerous act is required

Question 27

What are the 5 questions that must be fulfilled for a conviction of GNM

Answer 27

Duty of care?
Breach of duty of care?
Risk of death from D's conduct?
Did D's breach cause death?
Was negligence gross?