gross negligence manslaughter

Question 1

r v adomako
FACTS

Answer 1

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

Question 2

r v adomako
LEGAL PRINCIPLE

Answer 2

a reasonable anaesthetist would have noticed this and acted to save Vs life. Ds failure to act was abysmal

Question 3

r v broughton
FACTS

Answer 3

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

Question 4

r v broughton
LEGAL PRINCIPLE

Answer 4

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

Question 5

donoghue v stevenson
FACTS

Answer 5

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

Question 6

donoghue v stevenson
LEGAL PRINCIPLE

Answer 6

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

Question 7

r v singh
FACTS

Answer 7

D owed a duty of care to manage properties and breached it by failing to maintain faulty gas fires which caused a death

Question 8

r v wacker
FACTS

Answer 8

D transported illegal immigrants but didn’t ventilate it properly so they died

Question 9

r v wacker
LEGAL PRINCIPLE

Answer 9

D can owe a person a duty if they are jointly involved in criminal activity

Question 10

r v bateman
FACTS

Answer 10

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

Question 11

r v evans
FACTS

Answer 11

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

Question 12

r v evans
LEGAL PRINCIPLE

Answer 12

duty through dangerous situation, under duty to summon medical assistance, d found guilty of gnm

Question 13

r v dalloway
FACTS

Answer 13

D was driving a horse and cart down the road but wasn’t holding onto the reigns and hit a child

Question 14

r v dalloway
LEGAL PRINCIPLE

Answer 14

even though he wasn’t holding onto the reigns the child would’ve still died even if he was holding them

Question 15

andrews v DPP
FACTS

Answer 15

the defendant overtook a car in a dangerous manner, he crashed his car and killed someone

Question 16

andrews v DPP
LEGAL PRINCIPLE

Answer 16

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

Question 17

r v mistra and srivastava
FACTS

Answer 17

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

Question 18

r v mistra and srivastava
LEGAL PRINCIPLE

Answer 18

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