gross negligence manslaughter

Question 1

define GNM

Answer 1

where a duty of care is breached and leads to victims death established by adamako and 4 stages

Question 2

stage 1

Answer 2

did the defendant owe victim a duty of care
lord Mackay in adamako- ordinary principles of negligence will apply

Question 3

Rules for stage 1

Answer 3

a)is the result forseeable as a result of defendants actions
b)do the defendant and victims have a realationship of proximity
c)is it fair and reasonable to impose a duty of care on the defendant

Question 4

side rule of stage 1

Answer 4

joint enterprise(wacker)- if D and V are jointly enganged in a crime they still owe each other a duty of care

Question 5

stage 2

Answer 5

1.was there a breach of duty made by the defendant
lord adamakos principle to apply neglegence to establish whether the defendant was in breach of care
2.would a reasonable man have D actions fallen below the standards expected of a reasonable person

Question 6

side rule (2)

Answer 6

is the duty of care based on ommisons
1)contractual duty-(pitwood)
2)special realationships - gibbons V proctor
3)voluntary assumption responsobility-gibbons and proctor
4)creating a dangerous situation-miller

Question 7

stage 3

Answer 7

was the risk of death forseeable
Mishra- D can only be liable if the risk of death was foseeable to a reasonable person

Question 8

stage 4

Answer 8

was the breach a duty gross
baleman-a breach is gross if the D showed a total disregard for the life and safety of others and is so bad it ought to be a crime
conformed in adamako