Gross negligence

Question 1

what type of manslaughter is this?

Answer 1

Involuntary manslaughter

Question 2

What is Gross Negligence?

Answer 2

Where the death of a person has resulted from a grossly negligent act or omission. But there was no intention for this death to occur

Question 3

Who established the 4-stage test for Gross Negligence that is:
1. the defendant owed the victim a duty of care
2. the defendant breached duty which caused death
3. must be an obvious risk of death
4. act was grossly negligent - would be considered criminal by a jury

Answer 3

Adamako

Question 4

1. What does a duty of care establish?

Answer 4

A legal relationship between defendant and victim

Question 5

When is a duty owed?

Answer 5

When it is foreseeable the victim could be affected by the actions or omissions of the defendant

Question 6

2. Who will the defendant be judged in accordance with?

Answer 6

A reasonable man carrying out the same task

Question 7

2. What if the defendant has a higher level of skill?

Answer 7

Then they will be judged against a reasonable man of the same skill

Question 8

3. What must there be a clear link between?

Answer 8

The defendant’s negligence and the death

Question 9

3. What is a serious risk?

Answer 9

More than minimal risk, must be risk of death and not injury

Question 10

3.What is an obvious risk?

Answer 10

Clear, unambiguous and immediately apparent

Question 11

Is there a mens rea?

Answer 11

No