Gross Negligence Manslaughter Flashcards

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1
Q

What is gross negligence manslaughter based on

A

A duty of care that has been breached and lead to V’s death

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2
Q

What does Adamako state

A

There are 4 stages to gross negligence manslaughter

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3
Q

What does stage 1 state

A

Did D owe V a duty of care

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4
Q

What does lord Mackey state in adamako

A

Ordinary principles of negligence apply

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5
Q

What are the 3 stages of ordinary principles of negligence

A

1,is the result foreseeable as a result of D’s actions
2, do the D and V have a relationship of proximity
3, is it fair and reasonable to impose a duty on the D

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6
Q

What does stage 2 state for gross negligence

A

Was there a breach of duty by the D

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7
Q

What does reasonable man state

A

Have Ds standards fallen below that of an expected reasonable man?

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8
Q

What is the side rule for stage 2

A

Was the duty of care based on an omission

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9
Q

What does stage 3 state

A

Was the risk of death reasonably foreseeable

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10
Q

What does Moses state

A

D can only be liable if a risk of death was foreseeable to a reasonable person

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11
Q

What does stage 4 state

A

Was the breach of duty “gross”

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12
Q

What does Bateman state

A

A breach is gross if the D showed total disregard to the life and safety of others and it is so bad it ought to be a crime

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