GNM- Involuntary Manslaughter Flashcards
The act or omission does not have to be what?
An unlawful act
Which case was about an anaesthetist who was convicted of GNM?
R v Adamako 1995
What was R v Adomako 1995 about?
The oxygen tube had come detached from the ventilator but the anaesthetist failed to realise this
What is the actus reus for GNM?
Death of a human being under the Queens peace
What questions must be asked to establishing there is men’s Rea or not?
- Is there a duty of care?
- Was there a breach in that duty of care?
- Was there a risk that D’s conduct could have cause death?
- Did the breach cause the victims death?
- Was the negligence gross?
What must D have towards V?
Duty of care
What is the neighbour principle?
“You must take reasonable care to avoid acts or omissions which you could reasonably foresee would be likely to injure your neighbour”
Which case introduced the neighbour principle?
Donoughue V Stevenson 1932
What case is about a contractual duty of care?
R v Singh 1999
What is R v Singh 1999 about?
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
Which case was about a doctor and patient?
Adomako 1995
Which case was about a driver and pedestrian?
Andrews v DPP 1937
Which case was about a driver and passenger?
Wacker 2002
What was wacker about?
D smuggled illegal immigrants into Britain in his Lorry but forgot to give them air , 58 people died
What kind of law is gross negligence manslaughter?
It is apart of civil law
What does not apply in criminal cases?
Ex turpi causa
What is ex turpi causa?
Joint criminal enterprise
In criminal law D still owes a duty of care to V even if what?
V is part of the crime party as well as in R v Wacker 2002
What is the second question asked in GNM.
Is there a breach of that duty of care?
The conduct of D must what?
Have gone below what was expected of a reasonable and sober person
What type of test is applied when deciding was there a breach?
An objective test is applied
If D possess a skill they are expected to what?
Be judged against the standards of a reasonably competent person of that profession
An inexperienced driver must what?
Reached the standards of the ordinary driver
What is the 3rd question in GNM?
Was their a risk that D’s conduct would have caused the death?
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?
R v Adomako 1994 and confirmed in R v Misra and another 2004
What is the 4th question?
Did the breach cause the victims death?
“Did the breached cause the victims death” is simply a question of what?
Causation
What is the 5th question?
Was the negligence gross?
Which case introduced the test for gross negligence?
R V Bateman 1925
What was R V Bateman 1925 about?
V died whilst giving birth but D had caused internal injuries and failed to send her to hospital.
Why was Batemans conviction quashed?
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
In what cases was it decided that D’s negligence must go beyond the tort of negligence?
Andrews v DPP 1937
What was Andrews v DPP 1937 about?
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
Why did the Law Lords not provide a definition of GNM?
Because they felt it would be too difficult for the jury to understand
If D has a duty to act and fails to they could be guilty of GNM decided in which case?
Khan and Khan 1998
What was Khan and Khan about?
D’s supplied heroin to V who self injested and then collapsed, D left the, alone and came back to find them dead
What did CA say obiter?
That duty of care situations should be extended to a duty to get medical assistance in certain circumstances
