Gross negligence manslaughter Flashcards
1
Q
What does GNM include?
A
- Lawful acts that lead to death
- Omissions that lead to death
2
Q
Adomako 1994 (leading case)
A
- Anaesthetist present for eye op and the oxygen tube disconnected and he did not notice
- He was grossly negligent as another competent anaesthetist would have noticed it
- He had a duty of care to V
- Appeal dismissed
- Created the Adomako test
3
Q
What are the 3 elements of the Adomako test?
A
1- Did D owe a duty of care to V
2- Did D breach this duty
3- Did the breach cause the death
4
Q
What are some examples of recognised duties of care?
A
- Parent/child
- Driver/pedestrian
- Doctor/patient
- Landlord tenant
5
Q
R v Evans 2009
A
- D gave 1/3 sister bags of heroin, sister became ill and D and mum didn’t seek medical treatment
- Jury have to decide on the existence of duty of care and they decided in this case there was one
- It was found that a duty would arise when a person has contributed to a life threatening state of affairs
6
Q
R v Kennedy 2007
A
- Different approach to causation than that in unlawful act manslaughter as chain would not necessarily be broken in GNM if she injects herself yet it would be in UAM
7
Q
Wacker 2003
A
- Lorry driver transported illegal immigrants with closed ventilation and killed them all
- Claimed he didn’t owe duty of care because it was joint enterprise
- COA said in this circumstance he still had a duty of care because the criminal law exists to protect the vulnerable
8
Q
What would suffice a breach of duty?
A
- In breach where you fail to do what a reasonably competent person would have done’
9
Q
How do you determine if the breach caused the death?
A
- Causation
10
Q
What is gross negligence?
A
- So bad as to be grossly negligent, whether having regard to the risk of death involved, the conduct of the D was so bad in all the circumstances to amount to a criminal act or omission.
11
Q
Jackie simpson 2007
A
- Cleared of dog attack on granddaughter because the jury decided the breach of duty was not so bad in all the circumstances.
12
Q
Micheal Hubble
A
- Ferry officer who ignored a yachtsman causing to run into him and cause death was cleared because the jury decided the breach of duty was not so bad in all the circumstances.
13
Q
Gary Cook
A
- Allowed 7 year old to ride quad bike on public highway and she crashed
- He pleaded guilty to murder which was unusual because of the other cases showed he would have probably got manslaughter
14
Q
R v Mirsa 2004
A
- Challenged Adomako test claiming it was incompatible with human rights
- D carried out ward duties and allowed an infection to develop on a man which was below the standard expected
- Article 7 ECHR says that something would not constitute a criminal offence if it was not done at the time committed.
- He said the jury should have decided whether his act was a criminal offence
- COA said that law cannot always be 100% so conviction was upheld
