Gross Neg

Question 1

Rose

Answer 1

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

Question 2

Quirk article

Answer 2

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

Question 3

Adomako

Answer 3

D owed a duty
Doctor and patient

Question 4

Lichfield

Answer 4

Captain and crew

Question 5

Prentice

Answer 5

Electrician and owner of house

Question 6

Gemma Evan’s

Answer 6

Question whether the facts establish a duty was for the jury to decide

Question 7

Breach

Answer 7

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

Question 8

Reasonably foreseeable

Answer 8

Adomako - risk of death

Question 9

Rudling

Answer 9

Risk of death must be obvious and serious. A recognisable risk of something serious is not the same as recognisable risk of death

Question 10

Rose

Answer 10

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

Question 11

Kuddus

Answer 11

Aware of peanut allergy but gave food including peanuts
Risk was rf

Question 12

Caused death

Answer 12

Causation

Question 13

Broughton

Answer 13

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

Question 14

Norrie on gross

Answer 14

Grossness depends on the way the conduct is socially and morally received rather than its inherent quality

Question 15

Bateman

Answer 15

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

Question 16

Jones

Answer 16

Being subjectively reckless is a strong factor in accessing the grossness and criminality. However sr is not necessary

Question 17

Gross neg and art 7

Answer 17

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

Question 18

Quick on gross neg

Answer 18

Lacks sufficient certainty
Mainly based on instinct
No objective system for gross

Question 19

Alexandra mullock on gross neg

Answer 19

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