Gross Negligence Manslaughter Flashcards

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1
Q

Definition

A

when D owes V doc. But breaches duty in a very negligent way causing the death could be held liable for GNM (Admoka)

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2
Q

Unlike Uam

A

This offence can be committed by an omission. D not committing crime when d dies eg. Holloway rewiring a house

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3
Q

D owed V DoC

A

D must owe V Doc. Fact V is party to an illegal act doesn’t matter. Wakker

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4
Q

Look at…

A

Donoghue v Stevenson

- Take reasonable care not to harm your neighbour

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5
Q

Contract

A

Pitwood and Litchfield

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6
Q

Voluntarily Assumption of Duty

A

Stone and Dobinson / Evans

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7
Q

Doctor and Patient

A

Adomako

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8
Q

Driver and motor vehicle passengers

A

Wakker

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9
Q

Creating a state of affairs where D knows our ought to have know was threatening the life of V .

A

Evans and Khan

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10
Q

Landlord and Tenant

A

Singh

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11
Q

Acts or omission in carrying out duty fall below standard of reasonable man

A

Misra

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12
Q

D breach of duty must actually cause death

A

Causation principles apply

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13
Q

D act so bad it was criminal

A

Negilgence was gross eg Bateman

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14
Q

Adomako

A

Conduct so bad

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15
Q

Andrews

A

high degree of negligence

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16
Q

MR

A

essence of GNM. D didn’t intend to kill. D is judged by behaviour rather than state of mind

17
Q

Intoxication

A

Voluntary intoxication doesn’t count