gross negligence manslaughter Flashcards
gross negligence manslaughter
another form of involuntary manslaughter
can be carriued out through acts or omissions
4 parts
duty of care
breach of duty
causation
d actions were groslly negligent
adomako-d anaesthetist and had not realised oxygen had become disconnected midway through surgery, others in this position would have realised in 15s, took d several minuts, seen to be abysmal
broughton 2020- changed law
d owed existing duty of care to victim
negligently breached duty of care
at time of breach there was a serious and obvious risk o death , serious qualifies as nature of risk of death as more than minimal or remote, risk of serious injury or illness is not enough, obvious risk is one that is present clear and unambiguous, immediately apparent striking and glaring ather than something that might become apparent further in the investigation
reasonably foreseeable at the time of the breach that the breach gave rise to serious and obvious risk of death
breach of duty caused or made significant contribution to death of victim
breach were truly exceptionally bad and so rephrensible as to justify the conclusion that it amountd to gross neglignce and required criminal sanction
duty of care
positive act causes death then it is only necessary to demonstrate duty of care
if d omissions cause death then standard rules of omissions apply- contractual, relationship based, assumes responsibility, official position and dangerous situation
breach of duty
whether d confuct fallen far below than expected of reasonable person in same situation
whether reasonable person would have refrained from the acts or whether reasonable person wold have acted differently
bolam principle applies
causation
factual causation
legal causation
no intervening acts
r v misra (legal causation)- omission the test is whether d fulfilled their duty it was at least very highly probable that the v would nt have died
broughton 2020 case
girlfriend took the drug 2CP
she had a bad reaction
while she was dying the boyfriend was recording her and calling her dramatic
he failed to get medical assistance that would have saved her life
there was a clear focus on when the condition of the deceased reached the threshold of serious and obvious risk of death what the accused would have done then and the prospects of survival at that point
medical expert- 90% chance she would have survived
expert evidence not capable of establishing causation to the criminal standard- beyond reasonable doubt
circumstances of the breach were truly exceptionally bad and so reprehensible as to justify the conclusion that it amounted to negligence and required criminal sanction
gross negligence
d negligence not enough the negligence msut be gross
bateman- negligence is gross where it goes beyond a matter of mere compensation ebtween subjects and shows such disregard for the life and safety of others as to amount of a crime against the state an conduct deserving of punishment
asks the jury if th behaviour warrants liability for manslaughter
