Gross Negligence Flashcards
1
Q
Origin
A
Adomako
-involuntary manslaughter
-AR for murder but no MR
-max sentence is life
2
Q
Elements
A
-duty of care
-breach of duty
-grossly negligent
-causes death
3
Q
Duty of care
A
Reasonably foreseeable that V would be effected by act or omission
-Donoghue v Stevenson
-R v Wacker: illegal immigrants
4
Q
Breach of duty
A
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
5
Q
Grossly negligent
A
-R v Misra: risk of death, knee infection
6
Q
Causes death
A
causation
-Factual/but for: R v White
-de minimus rule: R v Pagett
-Legal: R v Blaue
-No novus actus intervenius: Broughton 2000
