GNM

Question 1

Type

Answer 1

Common law offence
No AR/MR - extension of tort negligence
Main case is DPP v Adomako

Question 2

Duty of care

Answer 2

Responsibility to look out for wellbeing of another
Duty of care:
- parents / children (R v Edwards)
- Doctors and nurses/patients - DPP v Adomako
- Employers/employees - r v dean
- landlords/tenants - r v singh
Outside this duty of care exists wherever D conduct carries foreseeable risk - r v evans
R v Willoughby - jury decides

Question 3

Breach of duty

Answer 3

D has not upheld standard of care that is required - not acted as reasonable person in that position (adomako)
can be act or omission (evans/singh)

Question 4

Causes death

Answer 4

Usual causation rules apply

Question 5

Reasonable foresight of death

Answer 5

Needs to be a “reasonable foreseeable, serious and obvious risk of death” - adomako

Question 6

Gross negligence

Answer 6

Negligence has to be so bad that it justifies a criminal conviction (DPP v adomako)
Goes beyond a matter of mere compensation (R v Bateman)
R v Sellu - jury decides this on direction of the judge