GNM (CASES)

Question 1

Wacker

Answer 1

Duty of care when D to D when complicit in a crime

Question 2

Evans

Answer 2

DOC due to voluntary assumed responsibility
prior friendship
control of the environment
some prior involvment

Question 3

Misra (2 PoL)

Answer 3

the Misra test - Prosecution has to prove that it was certain or highly probable that V would have survived if D had done something

The reasonable man must see a risk of death from D’s act or omission

Question 4

Adomako

Answer 4

D is judged against the standard of a reasonable person performing the activity involved: Lord Mackay “the ordinary principles of the law of negligence apply to ascertain whether or not the defendant has been in breach of a duty towards the victim who has died”

“Whether the conduct of D was so bad in all circumstances as to amount to a criminal act or omission”