Gross Negligence Manslaughter^ Flashcards
R V Adamako
the leading case for GNM
duty of care
breach
did it cause death
Donoghue V Stevenson
neighbour principle
someone so closely affected by your actions that you ought to have regard for them
Caparo V Dickman
3 part test for neighbour principle
proximity
ability to forsee harm
fair, just and reasonable to impose a duty of care
R V Robinson
Caparo’s test is not rigid, just a guide line
R V Broughton
reasonably foreseeable that the breach gave rise to a serious and obvious rise of death
R V Khan & Khan
you have a duty if you created the situation
R V Nettleship & Weston
learner drivers are held against the standard of a reasonable driver
R V Bateman
the negligence went above compensation and showed such disregard for the life and safety of others
R V Rudling
serious risk is not the same as possibility of death
R V Rose
A mere possibility is not the same as obvious risk of death