Gross Negligence Manslaughter Flashcards
Definition
when D owes V doc. But breaches duty in a very negligent way causing the death could be held liable for GNM (Admoka)
Unlike Uam
This offence can be committed by an omission. D not committing crime when d dies eg. Holloway rewiring a house
D owed V DoC
D must owe V Doc. Fact V is party to an illegal act doesn’t matter. Wakker
Look at…
Donoghue v Stevenson
- Take reasonable care not to harm your neighbour
Contract
Pitwood and Litchfield
Voluntarily Assumption of Duty
Stone and Dobinson / Evans
Doctor and Patient
Adomako
Driver and motor vehicle passengers
Wakker
Creating a state of affairs where D knows our ought to have know was threatening the life of V .
Evans and Khan
Landlord and Tenant
Singh
Acts or omission in carrying out duty fall below standard of reasonable man
Misra
D breach of duty must actually cause death
Causation principles apply
D act so bad it was criminal
Negilgence was gross eg Bateman
Adomako
Conduct so bad
Andrews
high degree of negligence