Fatal offences- INVOLUNTARY MANSLAUGHTER/ GROSS NEGLIGENCE

Question 1

1. ADOMAKO? ELEMENTS OF GROSS NEG?

Answer 1

i. D must owe V a duty of care; and
ii. D, by his act or omission, breached the duty of care; and
iii. D’s negligence must have caused V’s death; and
iv. there was a serious and obvious res of death in the circumstances; and
v. D’s negligence was gross.

Question 2

2. DONOGHUE V STEVENSON?

Answer 2

A duty of care is owed to persons who are so close and directly affected. by D’s conduct that D ought to have them in contemplation when D acted or committed to act.

Question 3

2. ANDREWS V DPP

Answer 3

Motorist owe a duty of care to other road users and pedestrians.

Question 4

2. ADOMAKO? OWES A DUTY OF CARE?

Answer 4

Held a duty of cared was owed by a doctor towards a patient.

Question 5

3. ADOMAKO? BREACHED DUTY OF CARE?

Answer 5

D, by his act or omission, breached the duty of care, where D fails to reach the standard of care expected of the reasonable person in the same circumstances.

Question 6

4. CAUSATION OF GROSS NEG?

Answer 6

D’s negligence must be both a cause in fact and law of V’s death. If there is an intervening act which breaks the chain of causation then D cannot be liable for gross negligence manslaughter.

Question 7

5. MISRA?

Answer 7

The circumstances must such that a reasonable person would have foreseen a serious and obvious risk of death.

Question 8

6. ADOMAKO? D’S NEG MUST BE GROSS?

Answer 8

The jury must consider whether, having regard to the risk of death, D’s conduct was so bad in all circumstances as to amount to a criminal act or omission.