Gross Negligance Manslaughter Flashcards
- D must owe V a duty
1) negligence duty of care (3 part Caparo v Dickman test)
2) criminal duty to act (1/5 duties eg omission)*
* voluntary assumption of care must be significant - D must have willingly and actively taken over V’s care - R v Evans
D still owes V a duty even if D and V are jointly involved in a crime when V dies - R v Wacker
- D must breach duty involving risk of death
D has acted as a reasonable man would not or has failed to act as a reasonable man would - Blyth v Birmingham Water Works
Inexperiences does not affect standard of care - Mullins v Richard
Age can lower standard of care - Mullins v Richard
Profession can increase standard of care - Bolom
Low risk of harm happening = lower standard of care - Bolton v Stone
Serious harm likely to occur = higher standard of care - Paris v Stepney BC
Practicality (ease, cost, time) of precautions must be proportionate to size of risk and seriousness of harm - Latimer v AEC
Big benefits of taking risk, eg saving lives = lower standard of care - Watt v Herts CC
Breach must carry a risk of death - Misra - which the reasonable man would foresee - Lewin v CPS
