Gross Negligence Flashcards
Introduction
It is committed when the D owes the victim a duty of care but breaches that duty in a very negligent way. The negligence has to be more than just civil negligence it has to be criminal negligence. It can be committed by an act or an omission neither of which has to be unlawful.
What does the case of R v Adomako set out?
It is established the 5 elements from Gross Negligence.
1) The existing duty of care by the D to the V.
2) A breach of that duty.
3) Risk of Death, there must be a risk from the D’s conduct.
4) Causation.
5) Gross Negligence which the jury considers so bad as to be criminal.
1) The existence of a duty of care by the D to the V?
The Duty of care has to exist.
Caparro v Dickman - ordinary civil law principles apply including Proximity of the relationship, reasonable foreseeability of care and whether it is fair, just and reasonable to impose a duty of care.
R v Wacker - Wherever D’s conduct carries a foreseeable risk to those around him.
1) The existence of a duty of care by the D to the V? Examples
R v Singh - Landlord of a property and its tenants.
R v Adomako - Doctor Patient.
R v Dean - Employers and Employees.
Omission cases?
1) Contractual Duty - R v Pittwood.
2) Duty of a relationship - R v Gibbins and Proctor.
3) A duty which has been undertaken voluntarily - R v Stone and Dobinson.
4) Duty through one’s official position - R v Dytham.
5) A duty which arises because the D set about a chain of events, R v Miller.
2) A breach of that duty that causes death?
Find the breach.
R v Adomako - Did the D’s conduct fall below that of a Reasonable Person in their position.
3) Risk of Death - There must be a risk of death from the D’s Conduct?
R v Rose - When breaching duty of care, D’s conduct must pose a reasonably foreseeable serious and obvious risk of death.
4) Causation?
Usual rules for Causation apply.
5) Gross negligence which the jury considers so bad as to be criminal?
The negligence must be gross.
R v Sellu - It is a matter for the jury.
R v Cornish - The negligence is so flagrant and atrocious, it would consequently amount to a crime.
