gross negligence manslaughter Flashcards
adomako
defendant was an anaesthetist in charge of a patient during an eye operation. during the operation the oxygen pipe became disconnected and the patient died. the defendant failed to notice or respond to obvious signs of disconnection. convinced of gross negligence manslaughter.
willoughby
D has gone into debt , and engaged V to help him burn his pub down for insurance money. in doing this , the building collapsed on V , killing him. decided in this case that weather a duty of care is owed is up to the jury to decide
wacker
D assisted 60 illegal immigrants in getting to England. lorry had a small air vent, by the time they had crossed on the ferry , 58 had died . there was a duty of care
singh
the defendant managed a block of flats where one of the tenants died of carbon monoxide poisoning. the gas fires in many of the flats were unsafe , and there had been complaints from other tenants . there was a duty of care
rose
D, an optometrist preformed a routine eye exam, determining that V did not need glasses. 5 months later , V fell extremely I’ll from hydrocephalus ( a build-up of brain fluid) and died. D had preformed the examination at the time, but when looking at the tests , she accidentally viewed the images from the previous year and didn’t realise there was an eye infection. Ds conviction was quashed , as there was not a serious and obvious risk of death at the point of three breech.
rudling
a GP did not undertake a friday afternoon home visit of a boy whose mother reported a range of symptoms, she instead suggested that the boy attend surgery on monday, he died on saturday of acute Addison’s disease. court of appeal held , while the lack of examination of the patient was serious , the information available to the doctor at the time was nit enough for her to consider that the situation was life threatening, she was acquitted
kuddas
D was a chef and owner of a takeaway business. a customer with allergies to prawns and nuts died after eating a takeaway. order placed via just eat, with a note to the restaurant indicating her allergy. this was seen by the manager , not D , Ds conviction was quashed
sellu
D was a surgeon who had no option but to delay Vs surgery , as there was no anaesthetist available. Ds conviction was quashed. there must be guidance from the judge as to what “gross negligence” is.
bateman
during the delivery of the victim’s child , the doctor resorted to an operation which required “considerable force” . during it, the doctor accidentally removed a proportion if the victim’s uterus . initially refusing to do so , the doctor eventually transferred the victim to an infirmary where she was found unfit to undergo an operation and died two days later- delivered child dangerously , failed to get her help so gross negligence manslaughter
intro
-D may be liable for gross negligence manslaughter, a type of involuntary manslaughter, which is an unlawful killing where the defendant does not have the mens rea for murder (malice aforethought)
-there are 5 elements that must be satisfied, set out adomako, more recently confirmed in broughton (2020(
