Gross Negligance Manslaughter Flashcards
In what case did the court of appeal establish 6 elements that prosecution must establish for GNM
r v broughton
What are the 6 elements that prosecution must establish for GNM
D owed an existing duty of care to V
D negligently breached this duty
There was a serious and obvious risk of death at time of breech.
It was reasonably foreseeable
Causation
Gross negligence
Name ONE case you can use to show D negligently breached his duty of care
Singh
Lichfield
Stone and dobinson
Wacker
What case do we use to show a clear and obvious risk of death at time of injury
Misra and srivistava
What case is but for
White
What case do we use for more than minimal contribution to death?
Smith
What case do we use for the thin skull rule
Blaue
What case do we use for the intervening acts
Cheshire, roberts
What does gross negligence mean
Circumstances of the breech must be “truely and exceptionally bad and so reprehensible as to justify that it amounted to gross negligence and required criminal sanction.
How is “gross” defined and in what case?
Adomako
So bad in all the circumstances as to amount in the jury’s judgment to a criminal act or omission
How does Bateman define gross negligence ?
such disregard for the life and safety of others as to amount to a crime against the state deserving of punishment.
Hooray
Hooray
