gross negligence manslaughter Flashcards
element 1
defendant owes victim a duty of care
leading case on GNM
R v Adomako
contractual duty case
Pittwood
special relationship case
Gibbins and Proctor
voluntary assumption of care case
Stone and Dobinson
creation of dangerous situation case
Miller
contributed to a state of affairs that are life threatening case
Evans
road users owning a duty to other road users case
Nettleship
manufactures owning a duty of care case
Donoghue v Stevenson
duty when engaging in criminal activity
Wacker
doctor owning duty of care to his patients
Bolam
element 2
the defendant has breached their duty
test for breach and case
Blyth v Birmingham Waterworks - ‘has the defendant fallen below the standard of a reasonable man performing the same activity involved’
element 3
the defendants breach caused the death of victim (factual and legal causation)
element 4
there is an objective risk of death, not just harm
what is the key case for element 4
Misra
element 5
the negligence is gross
whose to decide whether the negligence is gross
the jury
in what case was the first test for gross negligence set out
Bateman
what does Bateman say that the defendants negligence…
‘goes beyond a matter of mere compensation between subjects and showed such disregard for the life and safety for others as to amount to a crime against the state and conduct deserving of punishment’
what does Adomako state about the negligence being ‘gross’
the negligence has to be ‘so bad in all the circumstances as to amount to a criminal act or omission’
what does Misra state about the negligence being ‘gross’
the court said that the negligence had to be ‘reprehensible’
