GNM Flashcards
When will liability be usually imposed
liability will only be impose where D has chosen to take the risk this reflects the principle of autonomy where only blame adverted wrong doing
Why does GNM go against autonomy
GNM provides an exception in that it is designed to catches cases where despite the lack of conscious choice D’s conduct is seriously negligent
What is the Adomako test
where the jury considers that D’s conduct falls so short of the conduct to be expected of a reasonable person that it amounts in the jury’s judgement to gross nelgiene
objective test although there is some let off for D
S the reasonable person is a person of D’s ages and experience, so some allowance can be made
The circular test of Adomako
problem highlighted by the LC is that Adomako is a circular test- the jury are asked if the breach should be characterised as gross engleince and therefore should amount to a crime
What has been argued the issue with the circular test
It leaves a Q of law to the jury- if we leave of Q of law to the jury we are not given reasoning to the decision potentially result in inconsitent judgements and how do we know when to reign a prosecution?
Why did Misra confirm that Adomako was okay
It was not so uncertain as to breach Art 7 ECHR, because the jury does not define a legal crime but a moral one as the jury decide what is grossly negligence and therefore in consequence a crime, not what is grossly negligent and additional a crime.
Why is GNM inconsistent with other forms of MS
All other forms includes subjective element even CM as so NFO, but GNM satisfied on pure negligence to death although not SI- objective foresight of anything less than death is insufficient
What is the other issue with GNM
is it criminal or is it civil?
Issue with Evans
D must owe V a duty of care. Evans demonstrates the willingness of the courts to expand the duty to cover novel situations to find liability in drugs cases. In such a case where V has self injected by allowing to focus on the negligent conduct about the self-injection
What is the test from Evans
D must have created or contributed to a dangerous situation with an awareness that it was dangerous
What does Williams argue about Evans
Reliance and expansion of MIller is problematic. Before Evans there was not certainty that this could be extended to homicide cases. Miller does not hold when the duty arises, if the duty arises upon the creation of the dangerous situation then self injection will break the chain of causation.
Another issue with Miller and third parties
Miller does not mention a third party who could break the chain of causation, if this had been recognised in Evans would produce unwarranted results
What is Evans arguably good for
A clear PP decision as it makes it easier to prosecute drug offences. Horder: in drug homicde cases there is clear policy considerations of drug misuse and the want to criminalise such behaviour
What does Evans show overall
that GNM has been stretched to find duties wherever D’s conduct has a foreseeable res of harm
