Gross Negligence Manslaughter Flashcards
is gross neg m/s a defence or a crime?
a crime
what is gross neg m/s?
where the d owes the v a duty of care, which is breached causing the v’s death
4 stage test - adamako
stage 1 - gross neg m/s
did the d owe v a duty if care?
lord mackay (adamako) - ordinary principles of negligence apply in order to establish duty of care
1) is the result FORESEEABLE as a result of of the d’s actions?
2) do the d and v have a relationship of PROXIMITY (closeness)?
3) is it fair and REASONABLE to impose a duty on the D?
side rule: joint enterprise (wacker) - if d and v are jointly engaged in a crime they still owe each other a duty of care
stage 2 - gross neg m/s
has d breached the duty of care
(has the d acted like a reasonable person or have they failed to reach the standards of a reasonable person?)
side rule: omissions?
stage 3 - gross neg m/s
did they breach of duty involve a risk of death? (misra)
stage 4 - gross neg m/s
was the breach of duty ‘gross’ ?
bateman/adamako - was the breach so bad it ought to be a crime? did the d show a total disregard for the life and safety of others?