Gross Negligence Manslaughter Flashcards

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1
Q

D may be charged with…

A

Involuntary manslaughter specifically gross negligence manslaughter

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2
Q

GNM- has…

A

4 stages that must be established (Adomako)

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3
Q

Stage 1-

A

D must have duty of care

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4
Q

Adomako-

A

“Ordinary principles of negligence apply”

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5
Q

3 questions to ask?

A
  1. Foreseeable-Is it foreseeable that V bill be injured due to Ds actions?
  2. Proximity-Do the D and V have a relationship of legal closeness?
  3. Reasonable-Is it reasonable to give V duty of care?
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6
Q

Stage 2-

A

Has D breached duty of care?

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7
Q

Adomako key question?

A

“Has the D acted like a reasonable person or have they failed to reach that standard”

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8
Q

SIDE RULES:

A

Contractual duty- Pitwood
Voluntary duty + special relationships - Gibbons and Proctor
Creating a dangerous situation- Miller

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9
Q

Stage 3-

A

Did the breach of duty involve a risk of harm (Misra)

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10
Q

Stage 4-

A

Is the breach of duty gross?
“Was the breach so bad that it ought to be a crime? Did the D show a complete disregard for the life and safety of others” (Bateman)

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