gross negligence manslaughter Flashcards
r v adomako
FACTS
d was an anaesthetist and during an operation the tube that helped v breathe came out and was not noticed for 9 minutes therefore their heart stopped and an alarm sounded, v died and D was charged with manslaughter
r v adomako
LEGAL PRINCIPLE
a reasonable anaesthetist would have noticed this and acted to save Vs life. Ds failure to act was abysmal
r v broughton
FACTS
v died at a festival after being supplied with drugs from her boyfriend who failed to help her, prosecution argues D owed V a duty of care to secure medical treatment as her condition detoriated to the point it was obvious she was in danger - there was a 90% chance of survival if she got medical treatment
r v broughton
LEGAL PRINCIPLE
the court couldn’t be satisfied beyond reasonable doubt that the breach to act caused her death as there was a 10% chance she was going to die if she got the medical treatment
donoghue v stevenson
FACTS
v drank from a a bottle of beer which had a decomposed snail at the bottom. she realised this after she poured it on her ice cream. She got sick because of this
donoghue v stevenson
LEGAL PRINCIPLE
this set out the neighbour principle: a duty of care is owed to persons who are closely and directly affected by my act that i ought reasonably to have them in my contemplation
r v singh
FACTS
D owed a duty of care to manage properties and breached it by failing to maintain faulty gas fires which caused a death
r v wacker
FACTS
D transported illegal immigrants but didn’t ventilate it properly so they died
r v wacker
LEGAL PRINCIPLE
D can owe a person a duty if they are jointly involved in criminal activity
r v bateman
FACTS
during a delivery of a child d decided to resort to an operation. The delivered baby was dead. The woman later died because of the surgery in which D accidentally removed some of the uterus
r v evans
FACTS
D bought some heroin and gave it to her 17 year old half sister. The half sister injected the heroin and developed symptoms in which D recognised as an overdose. D and her mother didn’t seek medical help in dear of being caught
r v evans
LEGAL PRINCIPLE
duty through dangerous situation, under duty to summon medical assistance, d found guilty of gnm
r v dalloway
FACTS
D was driving a horse and cart down the road but wasn’t holding onto the reigns and hit a child
r v dalloway
LEGAL PRINCIPLE
even though he wasn’t holding onto the reigns the child would’ve still died even if he was holding them
andrews v DPP
FACTS
the defendant overtook a car in a dangerous manner, he crashed his car and killed someone
andrews v DPP
LEGAL PRINCIPLE
for the purpose of the criminal law there are degree of negligence and a very high degree of negligence is required to be proved before manslaughter is established
r v mistra and srivastava
FACTS
The defendants where doctors who had ben convicted of gross negligence manslaughter in relation to death of patient. The patient developed an infection in the wound which was undiagnosed and so unrelated despite obvious symptoms. patient died of toxic shock as a result of it being untreated
r v mistra and srivastava
LEGAL PRINCIPLE
court of appeal confirmed that it isn’t sufficient just to show a risk of bodily injury. there must be a risk of death, judged objectively
