FO: Gross Negligence Manslaughter

Question 1

Adamako 1995?

Answer 1

• D was an anaesthetist during an operation, during which an oxygen tube became disconnected
• D did not notice , the patient suffered a heart attack and later died
• Medical experts said a ‘competent’ anaesthetist would have noticed within 15 seconds and that D’s failure to react was ‘abysmal’

Question 2

Main elements?

Answer 2

• Duty of care
• Breach of that duty
• Causes death
• Obvious risk of death
• Grossly negligent therefore criminal

Question 3

Duty?

Answer 3

• Ordinary civil law principles ( Donoghue v Stevenson )
• Statutory e.g. doctor/patient
• case law
• A contractual duty
• Voluntary assumption of care
• special relationship
• inadvertently creating a dangerous situation

Question 4

Duty between criminals?

Answer 4

• R v Wacker 2003
• Lorry deaths

Question 5

Breach?

Answer 5

• D’s conduct must fall below the standard of care expected of a reasonable person
• the standard is not absolute and will vary according to the facts
• The ordinary civil law standard is thus applied , the question is really ‘ did the D do what a reasonable person would’ve done?’
  e.g. at a car accident a ‘reasonable first-aider’ will probably not be in breach of duty if they help to move an injured person and they die, whereas a paramedic or doctor perhaps could be

Question 6

Finlay 2001?

Answer 6

• D , a scout leader, took a group to Snowdon and V, a 10 year old, fell and died
• evidence showed safety procedures not fully adhered to
• No breach

Question 7

Causation?

Answer 7

• Did the breach cause the death?
• general rule of causation can be applied

Question 8

Risk of Death?

Answer 8

• there must be an obvious risk of death as a result of the breach ( objective test)
• R v Rose 2017