Gross Negligence Manslaughter Flashcards
what is gross negligence manslaughter an example of?
involuntary manslaughter
what is gross negligence manslaughter?
D was acting negligently and caused the victims death, but doesn’t have the mens rea for murder.
what case established gross negligence manslaughter?
Adomako - D was an anaesthetist who failed to notice a faulty oxygen tube. Guilty.
what are the 5 areas of gross negligence manslaughter?
- duty of care
- breach of duty
- caused the death
- grossly negligent
- risk of death
what does ‘duty of care’ mean?
jury will look at it is fair, just and reasonable to impose a duty
what case can be used for ‘duty of care’?
Gibbins & Proctor - parent/child relationship so had a duty to keep daughter alive. Guilty.
what does ‘breach of duty’ mean?
D is judged against the ordinary standards of the reasonable competent person of their profession
what case can be used for ‘breach of duty’?
Evans - Mum&sister supplied V with heroin, V ODed and Ds didn’t ring ambulance in fear of trouble. Guilty.
what does ‘caused the death’ mean?
factual and legal causation apply
what case can be used for ‘caused the death’?
Broughton - D increased his girlfriends drug intake at a festival. She had a bad reaction and he failed to get help. Guilty.
what does ‘grossly negligent’ mean?
- would the reasonable person have foreseen a serious and obvious risk of death?
- did D fall so far below the standards that a person of the same character and position would consider it grossly negligent?
what does ‘risk of death’ mean?
must be a serious and obvious risk of death involved
what case can be used for ‘risk of death’?
Kuddus - V had a nut allergy and told a takeaway place. Chefs ignored it and V died of an allergic reaction. Boss and chefs guilty.
