Gross Negligance Manslaughter

Question 1

Comes from

Answer 1

R v broughton

Question 2

Stage 1

Answer 2

Defendant must have a duty of care
Family (r v lowe) (r v evans)
Contractual
Dangerous situation (r v winter and winter)
Assume responsibility (r v wakka) (r v stone amd dobinson)

Question 3

Stage 2

Answer 3

Breach of duty of care
Duty= fal below standards of reasonable person (dpp v andrews)

Question 4

Stage 3

Answer 4

Obvious risk of death
(R v rudling) serious risk of death is not euqatedbto inability to eliminate the possibility

(R v rose) mere possibility is not the same as obvious risk

Question 5

Stage 4

Answer 5

Reasonably foreseeable that at the the time of the breach there was an obvious risk of death
(R v Broughton) where breach si failure to get medical must be totally certain that had medical been got would have survived

Question 6

Stage 5

Answer 6

Breach of duty caused or made significant contribution to the death
But for test (R v Smith)
(R v Mizra srivistava)

Question 7

Stage 6

Answer 7

Was the defendants conduct so bad in all circumstances as to give rise to a criminal offence
(R v Adamako)
(R v Edwards) regard to risk of death