gross negligance manslaughter

Question 1

What is the lead case which establishes gross negligence manslaughter?

Answer 1

Adomako (1994)

Question 2

What 3 elements does Adomako (1994) state that are required for gross negligence manslaughter?

Answer 2

The existance of a duty of care
The breach of that duty caused death
The negligence was ‘gross’ which a jury considers merits criminal conviction

Question 3

What cases tell us gross negligence can be wide?

Answer 3

(Singh lamdlords) duty to mantain a gas fire

(Rogers)a duty not to supply drugs

Question 4

Can a duty of care still be there when the victim is party to an illegal act?

Answer 4

Yes Wacker (2003)

Question 5

What can the duty of care be breached by?

Answer 5

An act or omission

Question 6

What are the principles to causation of death?

Answer 6

Normal death causation principles apply

Question 7

Legal definition for gross negligence?

Answer 7

No legal definition

Question 8

What case establishes gross negligence is a criminal disregard for others safety

Answer 8

Andrews

Question 9

Finlay(2001) Scout leader on Snowdon in charge of a party of a scouts. a 10 year old falls to his death and evidence of a number of safety procedures not followed. Did the jury’s decide this amounted to manslaughter?

Answer 9

No

Question 10

What did MIsra; Srivastava (2004) confirm

Answer 10

That it’s up for the jury to decide what grossnegligence is

Question 11

What is the mens rea for gross negligence mansluaghter?

Answer 11

A-G ref no 2 1999 stated that a jury can properly convict of gross negligence without any evidence as to the accused state of mind.
Means that the jury will compare he accused’s conduct against a reasonable man and decide whether they see that conduct as grossly negligent

Question 12

What must the risk involve?

Answer 12

Adomako (1994) confirms a risk death is necessary and a risk of bodily injury is not sufficient