Gross Negligence Manslaughter Flashcards
1
Q
6 Factors to prove
A
R v Broughton
2
Q
Factor 1
A
Duty of care
3
Q
Factor 2
A
Breach of duty + this must cause death
Consider factual causation (but for)
4
Q
Factor 3
A
Serious and obvious risk of death
Serious = risk of death was high (R v Rudling)
Obvious = clear, present and unambiguous (R v Rose)
5
Q
Factor 4
A
Foreseeable
Must be reasonably foreseeable that the breach caused a serious and obvious risk of death
6
Q
Factor 5
A
The breach made a significant contribution to
Legal causation
7
Q
MR of Gross Negligence Manslaughter
A
Decide whether the defendant had such disregard for life and safety of others to amount to a crime against the state which deserves punishment ( R v Adomako )
