GNM Flashcards
1
Q
what is the definition of GNM?
A
where d owes a duty of care and breaches this duty which as a result leads to v dying-(Adamako)
2
Q
what is the first step and cases of GNM?
A
did d owe v a duty of care?
- (Miller)-creation of a dangerous situation
- (Stone v Dobinson)-Voluntarily
- (Pittwood)-contractual duty
- (Dytham)-public position
- (R v Gibbins and Proctor)-relationship
- Statutory duty
- if no relevant cases then use (Adamako)-normal principles:
- (Donoghue v Stevenson)
- (Caparo v Dickman)
- (Wacker)-victim being complicit in a crime does not prevent a duty of care being owed to him)
3
Q
what is the second step of GNM?
A
what was the duty?
4
Q
what is the third step of GNM?
A
was there a breach of duty?
- how did d fail to fulfill that duty?
- objective test-did d act as a ‘reasonable person would do in their position?’
5
Q
what is the fourth step and cases of GNM?
A
the breach carries a risk of death
- (Adamako)-must be risk of death from breach
- (Misra and Strivastava)-only risk of death will be sufficient
- (R v DPP ex parte jones)-obvious to a reasonable person in D’s position
6
Q
what is the fifth step of GNM?
A
causation-did the breach directly result in V’s death?
7
Q
what is the sixth step and cases of GNM?
A
was the negligence serious enough to give rise to criminal liability?
- degree of negligence must be far greater than in a civil case
- (Bateman)-negligence must be ‘gross’ and go ‘beyond a mere matter of compensation between subjects’-d shows such disregard for the life and safety of others
- (Adomako)-conduct must be ‘reprehensible’
8
Q
what is the seventh step of GNM?
A
mens rea
- none
- d judged on behavior rather than state of mind
9
Q
what is the overlap between GNM and UAM?
A
(Goodfellow)-d could have been found guilty of GNM and UAM
