GNM Flashcards
1
Q
Definition
A
Set under adamako where D will be guilty of GNM if they owe a duty of care they breach in a way that is so bad it becomes criminal causing the death of V
2
Q
Duty of care
A
Robinson approach for pre-existing duties of care (Robinson)
3
Q
Type of breach
A
Ordinary person
Professionals (bolam)
Learners(nettleship v western)
Children (Mullen v Richards)
4
Q
What is an obvious and serious risk of death?
A
Obvious- clear and unambiguous (rose)
Serious- much more than minimal (rudling)
5
Q
What does this risk have to be?
A
Reasonably foreseeable at the time of the breach there is an O + S risk of death
6
Q
Causation
A
Factual (Padgett)
Legal (kimsey)
Intervening acts
7
Q
What is the mens rea?
A
Gross = exceptionally bad or so far below the standard of care (adomako)
