Gross Neg Flashcards
Rose
Test
Owed duty
Breach
Reasonably foreseeable that it would lead to death
Caused death
Circumstances were truly and exceptionally bad that is was grossly negligent
Quirk article
One of the growth areas of this offence has been the prosecution of doctors. Between 1867 and 1989 only 7 doctors prosecuted but 1995-2005 38
Adomako
D owed a duty
Doctor and patient
Lichfield
Captain and crew
Prentice
Electrician and owner of house
Gemma Evan’s
Question whether the facts establish a duty was for the jury to decide
Breach
Can be positive act or omission
Did d actions fall below the standard of the reasonable person
Judged to the standard of someone possessing that skill - adomako
Reasonably foreseeable
Adomako - risk of death
Rudling
Risk of death must be obvious and serious. A recognisable risk of something serious is not the same as recognisable risk of death
Rose
Stat duty to look back nerve of eye but didn’t perform test. Died 5 months later.
D was performing a routine exam with no symptoms showing so not grossly negligent so not reasonably foreseeable
Kuddus
Aware of peanut allergy but gave food including peanuts
Risk was rf
Caused death
Causation
Broughton
Bf gave her drugs and didn’t take her to medical tent
Jury must believe beyond all reasonable doubt that v would have survived if they secured medical assistance
Norrie on gross
Grossness depends on the way the conduct is socially and morally received rather than its inherent quality
Bateman
Doctor accidentally removed woman’s uterus and risked to refer her to hospital
Showed such regard for the life and safety of others as to amount to a crime
Jones
Being subjectively reckless is a strong factor in accessing the grossness and criminality. However sr is not necessary
Gross neg and art 7
Mista v strivisava - doctors failed to notice toxic shock syndrome after surgery.
Article 7 - no one should be guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence
When the satisfies each part of the test and categorised as gross then it can be seen to be criminal
Quick on gross neg
Lacks sufficient certainty
Mainly based on instinct
No objective system for gross
Alexandra mullock on gross neg
Paradoxical assessment
A reasonably competent doctor wouldn’t find themselves in rose position because competence would ensure they carry out the necessary examination
Issue with one size fits all as Adomako and rose are both medical cases.
Struggles to take account of whole context
