gross negligence manslaughter Flashcards
what type of manslaughter is this
involuntary
what type of offence is this
common law offence
in what case were the requirements for Gross Negligence Manslaughter (GNM) were decided in (the actus reus)
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)
actus reus (5)
A duty of care
Breach of the duty of care
Reasonably foreseeable risk of death
Causes death
Negligence is gross
duty of care examples (relationships)
parent and child
doctor and patient
landlord and tenant
employer and employee
parent and child case
r v edwards 2001
(Parents allowed children to play on the railway and, consequently, the children were killed by a train)
doctor and patient case
r v adomako
landlord and tenant
r v singh
(The tenant died from carbon monoxide poisoning caused by a gas boiler)
employee and employee
r v dean 2002
other situation for duty of care
still owe a duty of care, even though they were involved in a criminal act
still owe a duty of care, even though they were involved in a criminal act case
r v wacker
(forgot to open the vent until after the 10 hour ferry crossing)
general rule for duty of care
D will be seen to owe a duty of care wherever D’s conduct carries a foreseeable risk to those around him/her
what case confirmed this general rule
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)
breach of duty- case
r v adomako
can be done through omission- name 2 cases to back this (think to earlier flashcards)
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
risk of death rule
It should be a “reasonably foreseeable, serious and obvious risk of death”
what case confirmed this
r v adomako
causes death
usual rules of causation apply
medical causation rule
For medical cases causation rules must prove V would have survived, not just that there was a chance of survival.
what case confirmed this
R v Broughton 2020
(boyfriend supplied the drug and filmed her reaction but failed to get timely medical help)
gross negligence meaning
The jury must decide that the negligence was so bad that it is considered to be “gross”
case to back this
r v adomako
(D’s actions were bad enough to justify
a criminal conviction)
