Gross Neg manslaughter Flashcards

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1
Q

Definition

A

(Adomako) gross negligence manslaughter has a 4 stage test which must be proved

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2
Q

Stage 1

A

The D must owe the victim a duty of care
(Adomako) “Ordinary principles of negligence apply”
1. FORESEEABLE- is it foreseeable that the V will be injured as a result of D’s actions
2. PROXIMITY- do the d and v have a relationship of legal closeness
3. REASONABLE- is it reasonable to give a duty to the D
(Wacker) if D & V are jointly engaged in a crime, they still owe each other a duty of care
apply any omissions

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3
Q

Stage 2

A

Has D breached duty of care (Adomako) “ordinary principles of negligence apply
has the D acted like a reasonable person or have they failed to reach the standards of said person
apply any omissions

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4
Q

Stage 3

A

Did the breach of duty involve a risk of death (Misra)
apply any causation issues

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5
Q

Stage 4

A

Is the breach of duty gross
was the breach so bad it ought to be a crime, did the D show a total disregard for the life and safety of others (Bateman/Adomako)

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