Gross Negligence

Question 1

Origin

Answer 1

Adomako
-involuntary manslaughter
-AR for murder but no MR
-max sentence is life

Question 2

Elements

Answer 2

-duty of care
-breach of duty
-grossly negligent
-causes death

Question 3

Duty of care

Answer 3

Reasonably foreseeable that V would be effected by act or omission
-Donoghue v Stevenson
-R v Wacker: illegal immigrants

Question 4

Breach of duty

Answer 4

judged by stand of reasonable competent person, same act
-Zaman: restaurant
-Singh: landlord
-Litchfield: sailor
-Khan and Khan: took drugs and should have received help
-Evans: drugged and brother and mum left her

Question 5

Grossly negligent

Answer 5

-R v Misra: risk of death, knee infection

Question 6

Causes death

Answer 6

causation
-Factual/but for: R v White
-de minimus rule: R v Pagett
-Legal: R v Blaue
-No novus actus intervenius: Broughton 2000