GNM

Question 1

Adomako

Answer 1

Set up
1. doc
2. doc breached
3. so grossly negligent to warrent criminal conviction

Question 2

broughtonn

Answer 2

1. D must owe doc to victim
2. d breach doc
3. serious + obv risk of death at time of breach
4. reasonably forseeable at time that breach gives rise to serious + obv risk of dea
5. cause of significantly contribute to death
6. justifiees criminal conviction

Question 3

1&2

Answer 3

Doc &breach
* adamako - failed to realise oxygen supply disconnected
* wacker - immigrants owe DOC, cant rely on criminal enterprise
* evans - contribute to state of affairs - looked like overdose
* kuddus - restraunt owe doc if told abt alergies
* r v warner - caretaker didnt replace gap “thoroughly irresponsible”
* r v broughton - drugs, needed medical attention

Question 4

3&4

Answer 4

risk of death serious+obv
forseeable at time of death
* r v rose - risk of death obv - not found under investigation
* r v misra + strivastava - failure to diagnose - create risk of death

Question 5

5

Answer 5

breach must cause death
* factual - r v white
* legal - r v smith, cheshire
r v paggett
r v blaue

Question 6

6

Answer 6

so grossly negligent to warrant criminal conviction
r v bateman - obj test - reasonable person thoughts v d thoughts
AG reference - conduct suficiently negligent
r v lidar - aware of risk - ignore -drive away with someone out window