GNM+UAM Flashcards
4 stages of gross negligence manslaughter
Duty of care
Breach of duty
Causation
Gross
All ruled in Adomako
Duty of care GNM
We owe a duty of care to people who are closely and directly affected by our actions- donohughe V Stevenson
May be created through an existing duty of care or a new one
Breach of duty GNM
When D falls below the standard of the reasonable person doing the same task
Singh- compared to a reasonably competent land lord who would have conducted maintenance properly.
Causation GNM
Breach must have been the substantial cause of death
Factual and legal causation
Think skull rule
Gross in GNM
Negligence was so gross as to justify a criminal conviction.
Negligence goes from a civil to criminal claim when death is involved.
Misra + Shrivastava- risk of death must be present, risk to well being isn’t enough.