Gross Negligence Manslaughter Flashcards
Definition
-form of invol manslaughter where the dft is grossly negligent in breach of duty of care towards the victim and this results in the v’s death
What does GNM run parallel to and what principles apply?
-Runs parallel to tort of negligence
-ordinary principles of the civil law of negligence apply
-in Adomako (Lord MacKay)
Case of Adomako
-D was anaesthetist. In op tube supplying o2 disconnected. Didn’t notice until had a heart attack and died due to brain damage 6mths later
-doctors in trial said that competent anaesthetist would’ve noticed the disconnection within 15 seconds
-Convicted of GNM
What are the 4 elements that Adomako established for GNM?
- The existence of a duty of care by dft towards the V
- Breach of that duty of care
- Causes death
- GN which jury considers so bad to be criminal
In what case were the tests restated?
-R v Broughton
-music festival, D supplied drugs to gf who had bad reaction. Remained with her while she deteriorated.
-charged w GN in failing to get medical assistance which was substantial cause of death
-quashed as couldn’t prove she would live if he got medical assistance. Criminal standard of proof.
What are the 6 elements to prove for GNM according to Broughton?
- The dft owed an existing duty of care to the victim
- The dft negligently breached that duty of care
- At the time, there was a serious and obvious risk of death.
- Reasonably foreseeable at the time of the breach that the breach gave rise to serious and obvious risk of death
- Breach caused or made significant contribution to the death of the victim
- Jury views circumstances as truly exceptionally bad that it amounted to gross negligence.
Case names for 1.existence of a duty of care
-R v Stone and Dobinson
-R v miller
-R v Evans
Contractual
-R v Singh
-R v Litchfield
R v Khan and Khan
R v Wacker
R v Stone and Dobinson
-D took care of S’s elderly sister. Bedridden and could care for self. Failed to feed her or get medical help, died.
-duty established as they had voluntarily agreed to care for her
R v Miller
-Smoking in bed in hostel. Fire.
-got up and moved to another bed in diff room
-omission to act created dangerous situation
R v Evans
-Supplied half sister with heroin and sister injected in front of her. Clear that she was suffering an overdose, D did not get medical help as didn’t want to be revealed.
-looked after her for a couple hours, left
-dead in the morning
-convicted GNM
-omission to act caused dangerous act
Contractual: R v Singh
-D landlord of property where faulty gas fire caused death of tenants
-recognised duty on the dft to manage and maintain the property
-Duty of care to tenants owed by landlord
Contractual: R v Litchfield
-D owner of sailing ship. Sailed knowing engines may fail because of fuel contamination
-blown onto rocks and 3 members died
-D owed duty of care to the crew
R v Khan and Khan
-D supplied heroin to v and left alone. Died and their conviction for UAM quashed, COA stated orbiter that duty situations could be extended to this
Wacker
-D brought 60 illegal immigrants into England, in back of lorry for cross channel ferry
-only air through small vent, agreed to close at certain times to prevent them being discovered
-closed before boarding, crossing took hour longer, 58 immigrants dead
-COA said that the safety of the immigrants relied on his own actions
-assumed duty of care
- Explain breach
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