GNM- Involuntary Manslaughter

Question 1

The act or omission does not have to be what?

Answer 1

An unlawful act

Question 2

Which case was about an anaesthetist who was convicted of GNM?

Answer 2

R v Adamako 1995

Question 3

What was R v Adomako 1995 about?

Answer 3

The oxygen tube had come detached from the ventilator but the anaesthetist failed to realise this

Question 4

What is the actus reus for GNM?

Answer 4

Death of a human being under the Queens peace

Question 5

What questions must be asked to establishing there is men’s Rea or not?

Answer 5

1. Is there a duty of care?
2. Was there a breach in that duty of care?
3. Was there a risk that D’s conduct could have cause death?
4. Did the breach cause the victims death?
5. Was the negligence gross?

Question 6

What must D have towards V?

Answer 6

Duty of care

Question 7

What is the neighbour principle?

Answer 7

“You must take reasonable care to avoid acts or omissions which you could reasonably foresee would be likely to injure your neighbour”

Question 8

Which case introduced the neighbour principle?

Answer 8

Donoughue V Stevenson 1932

Question 9

What case is about a contractual duty of care?

Answer 9

R v Singh 1999

Question 10

What is R v Singh 1999 about?

Answer 10

D owned property which he rented out to tenants . There was a faulty gas fire which led to the deaths of the tenants. She had contractual duty to maintain the property and failed to do so

Question 11

Which case was about a doctor and patient?

Answer 11

Adomako 1995

Question 12

Which case was about a driver and pedestrian?

Answer 12

Andrews v DPP 1937

Question 13

Which case was about a driver and passenger?

Answer 13

Wacker 2002

Question 14

What was wacker about?

Answer 14

D smuggled illegal immigrants into Britain in his Lorry but forgot to give them air , 58 people died

Question 15

What kind of law is gross negligence manslaughter?

Answer 15

It is apart of civil law

Question 16

What does not apply in criminal cases?

Answer 16

Ex turpi causa

Question 17

What is ex turpi causa?

Answer 17

Joint criminal enterprise

Question 18

In criminal law D still owes a duty of care to V even if what?

Answer 18

V is part of the crime party as well as in R v Wacker 2002

Question 19

What is the second question asked in GNM.

Answer 19

Is there a breach of that duty of care?

Question 20

The conduct of D must what?

Answer 20

Have gone below what was expected of a reasonable and sober person

Question 21

What type of test is applied when deciding was there a breach?

Answer 21

An objective test is applied

Question 22

If D possess a skill they are expected to what?

Answer 22

Be judged against the standards of a reasonably competent person of that profession

Question 23

An inexperienced driver must what?

Answer 23

Reached the standards of the ordinary driver

Question 24

What is the 3rd question in GNM?

Answer 24

Was their a risk that D’s conduct would have caused the death?

Question 25

The principle questioning was there a risk that D's conduct would've caused death was stated in what case and confirmed in what case?

Answer 25

R v Adomako 1994 and confirmed in R v Misra and another 2004

Question 26

What is the 4th question?

Answer 26

Did the breach cause the victims death?

Question 27

"Did the breached cause the victims death" is simply a question of what?

Answer 27

Causation

Question 28

What is the 5th question?

Answer 28

Was the negligence gross?

Question 29

Which case introduced the test for gross negligence?

Answer 29

R V Bateman 1925

Question 30

What was R V Bateman 1925 about?

Answer 30

V died whilst giving birth but D had caused internal injuries and failed to send her to hospital.

Question 31

Why was Batemans conviction quashed?

Answer 31

Conviction was quashed as it was decided that the negligence wasn't gross, and that the jury must decided whether it was gross by judging whether D had a disregard to the life and safety of V

Question 32

In what cases was it decided that D's negligence must go beyond the tort of negligence?

Answer 32

Andrews v DPP 1937

Question 33

What was Andrews v DPP 1937 about?

Answer 33

D sped up and overtook a car and ran down a pedestrian. D's disregard to life and safety of others must be such as to amount to a crime

Question 34

Why did the Law Lords not provide a definition of GNM?

Answer 34

Because they felt it would be too difficult for the jury to understand

Question 35

If D has a duty to act and fails to they could be guilty of GNM decided in which case?

Answer 35

Khan and Khan 1998

Question 36

What was Khan and Khan about?

Answer 36

D's supplied heroin to V who self injested and then collapsed, D left the, alone and came back to find them dead

Question 37

What did CA say obiter?

Answer 37

That duty of care situations should be extended to a duty to get medical assistance in certain circumstances