GNM

Question 1

R v Broughton

Answer 1

Set out the 6 elements to prove GNM

Question 2

What are the 6 elements of GNM
(Broughton)

Answer 2

D must owe V a duty of care
D must breach that duty
Must be a serious and obvious risk of death
The risk of death must be reasonably foreseeable
The breach must have caused the death
The breach must have been grossly negligent

Question 3

R v Robinson

Answer 3

A duty can be established through past precedents

Question 4

Dytham

Answer 4

Public office

Question 5

Pitwood

Answer 5

Contractual

Question 6

Stone and Dobinson

Answer 6

Voluntaty assumption of responsibility

Question 7

Gibbons and Proctor

Answer 7

Relationship

Question 8

Miller

Answer 8

Creating a dangerous situation

Question 9

Blyth v Birmingham waterworks co

Answer 9

Falling below standard of care

Question 10

Bolam

Answer 10

Compared to reasonable person in the same field

Question 11

Mullin v Richards

Answer 11

Age doesn’t lower the standard of care

Question 12

Nettleship v Weston

Answer 12

Inexperience won’t lower the standard of care

Question 13

Miller v Jackson

Answer 13

Size of risk

Question 14

Latimer

Answer 14

Practicality of precautions

Question 15

Watts v HCC

Answer 15

Benefits of taking the risk

Question 16

Paris V SBC

Answer 16

Seriousness of potential harm

Question 17

R v Rose

Answer 17

Serious and obvious risk of death
“Must be a present risk that is clear and unambiguous”

Question 18

Must be grossly negligent

Answer 18

“The circumstances of the breach were truly exceptionally bad as to require criminal sanction”