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Law Paper 1 Criminal Law > gross negligence manslaughter > Flashcards

gross negligence manslaughter Flashcards

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1
Q

element 1

A

defendant owes victim a duty of care

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2
Q

leading case on GNM

A

R v Adomako

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3
Q

contractual duty case

A

Pittwood

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4
Q

special relationship case

A

Gibbins and Proctor

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5
Q

voluntary assumption of care case

A

Stone and Dobinson

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6
Q

creation of dangerous situation case

A

Miller

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7
Q

contributed to a state of affairs that are life threatening case

A

Evans

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8
Q

road users owning a duty to other road users case

A

Nettleship

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9
Q

manufactures owning a duty of care case

A

Donoghue v Stevenson

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10
Q

duty when engaging in criminal activity

A

Wacker

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11
Q

doctor owning duty of care to his patients

A

Bolam

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12
Q

element 2

A

the defendant has breached their duty

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13
Q

test for breach and case

A

Blyth v Birmingham Waterworks - ‘has the defendant fallen below the standard of a reasonable man performing the same activity involved’

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14
Q

element 3

A

the defendants breach caused the death of victim (factual and legal causation)

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15
Q

element 4

A

there is an objective risk of death, not just harm

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16
Q

what is the key case for element 4

A

Misra

17
Q

element 5

A

the negligence is gross

18
Q

whose to decide whether the negligence is gross

A

the jury

19
Q

in what case was the first test for gross negligence set out

A

Bateman

20
Q

what does Bateman say that the defendants negligence…

A

‘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’

21
Q

what does Adomako state about the negligence being ‘gross’

A

the negligence has to be ‘so bad in all the circumstances as to amount to a criminal act or omission’

22
Q

what does Misra state about the negligence being ‘gross’

A

the court said that the negligence had to be ‘reprehensible’

Law Paper 1 Criminal Law (16 decks)

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