Gross Negligance

Question 1

Gross negligence
Broughton: Gross negligence manslaughter has 5 stages that must be proved
Stage1: The D must ore the V a duty of care
Key law: Forseeability, proximity, fairness- Donogue v Stevenson 1932

Answer 1

Side rule- can you make reference to any already established DOC, contractual duty pitowood/ voluntary duty (Gibbons&Proctor) / special relationship (Gibbons & Proctor) creating a dangerous situation (miller)
Side rule- joint enterprise if D & V are jointly engaged in a crime they still owe each other a duty of care ? Why ?

Question 2

Stage 2- Has a D breached the duty of care
Has the Ds act fallen below the standards of the ordinary reasonable man with the same level of skill and expertise

Question 3

Stage 3- Did the breach of duty involve a risk of death (Singh)

Question 4

Stage 4 causation

Question 5

Stage 5 is the breach of duty gross
Key law: was the breach so bad that it ought to be a crime ? Did the D show a total disregard for the life and safety of others (adomako)