Gross Negligence Manslaughter Flashcards
What is gross negligence manslaughter based on
A duty of care that has been breached and lead to V’s death
What does Adamako state
There are 4 stages to gross negligence manslaughter
What does stage 1 state
Did D owe V a duty of care
What does lord Mackey state in adamako
Ordinary principles of negligence apply
What are the 3 stages of ordinary principles of negligence
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
What does stage 2 state for gross negligence
Was there a breach of duty by the D
What does reasonable man state
Have Ds standards fallen below that of an expected reasonable man?
What is the side rule for stage 2
Was the duty of care based on an omission
What does stage 3 state
Was the risk of death reasonably foreseeable
What does Moses state
D can only be liable if a risk of death was foreseeable to a reasonable person
What does stage 4 state
Was the breach of duty “gross”
What does Bateman state
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
