Gross Negligence Manslaughter Flashcards
Which case says there are 4 parts to GNM
Adomako
What are the 4 parts to GNM
- D must owe V duty of care
- D must breach this duty (involves risk of death)
- Ds breach must cause Vs death
- D must be grossly negligent (conduct is so bad it amounts to a crime)
Contractual duty
Pittwood
Public office
Dytham
Relationship
Gibbons & Proctor
Voluntary assumption of care
Stone & Dobinson
Assumption of care must be significant and must willingly/actively take over
Evans
Creating a dangerous situation
Miller
Damage was RF, there was proximity and it’s fair, just and reasonable to impose a duty on D
Caparo
No ex turpi causa for GNM
R v Wacker
Breach - D fails to act as a reasonable person would
Blyth v BWW
inexperience doesn’t count
Nettleship v Weston
professionals
Bolam
Holding themselves out as a pro
Wells v Cooper
Age
Mullin v Richards
Size of risk
Miller v Jackson
Seriousness of harm
Paris v Stepney
Practicability of precautions
Paris v Stepney
Benefits of taking risk
Watt v HCC
Must be risk of death
Misra
Risk of death must be foreseeable to the RP
Lewin
Factual causation
Pagett
Legal causation
Smith
Act of victim
Williams
Act of third party
Jordan
Thin skull rule
Blaue
Self neglect
Dear
GN is when Ds conduct “is so bad in all circumstances that it should amount to a crime”
Adomako
