gross negligence manslaughter Flashcards

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1
Q

what type of manslaughter is this

A

involuntary

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2
Q

what type of offence is this

A

common law offence

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3
Q

in what case were the requirements for Gross Negligence Manslaughter (GNM) were decided in (the actus reus)

A

r v adomako
(oxygen tube became disconnected and the defendant did not notice for 6 minutes.
The patient died as a result of lack of oxygen)

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4
Q

actus reus (5)

A

A duty of care
Breach of the duty of care
Reasonably foreseeable risk of death
Causes death
Negligence is gross

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5
Q

duty of care examples (relationships)

A

parent and child
doctor and patient
landlord and tenant
employee and employee

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6
Q

parent and child case

A

r v edwards 2001
(Parents allowed children to play on the railway and, consequently, the children were killed by a train)

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7
Q

doctor and patient case

A

r v adomako

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8
Q

landlord and tenant

A

r v singh
(The tenant died from carbon monoxide poisoning caused by a gas boiler)

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9
Q

employee and employee

A

r v dean 2002

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10
Q

other situation for duty of care

A

still owe a duty of care, even though they were involved in a criminal act

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11
Q

still owe a duty of care, even though they were involved in a criminal act case

A

r v wacker
(forgot to open the vent until after the 10 hour ferry crossing)

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12
Q

general rule for duty of care

A

D will be seen to owe a duty of care wherever D’s conduct carries a foreseeable risk to those around him/her

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13
Q

what case confirmed this general rule

A

r v evans 2009 (D supplied heroin to her sister, V, who self-injected and died of an overdose. D had failed to call an ambulance)

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14
Q

breach of duty- case

A

r v adomako

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15
Q

can be done through omission- name 2 cases to back this (think to earlier flashcards)

A

singh- knew there was an issue with the gas boiler but did not fix it.
evans- D supplied heroin to her sister, V, who self-injected and died of an overdose. D had failed to call an ambulance

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16
Q

risk of death rule

A

It should be a “reasonably foreseeable, serious and obvious risk of death”

17
Q

what case confirmed this

A

r v adomako

18
Q

causes death

A

usual rules of causation apply

19
Q

medical causation rule

A

For medical cases causation rules must prove V would have survived, not just that there was a chance of survival.

20
Q

what case confirmed this

A

R v Broughton 2020
(boyfriend supplied the drug and filmed her reaction but failed to get timely medical help)

21
Q

gross negligence meaning

A

The jury must decide that the negligence was so bad that it is considered to be “gross”

22
Q

case to back this

A

r v adomako
(D’s actions were bad enough to justify
a criminal conviction)