gross negligence manslaughter

Question 1

How is a duty of care applied?

Answer 1

The Robinson approach will be used to apply any pre existing duties of care
Robinson V CC West Yorkshire police

Question 2

What is a breach of duty?

Answer 2

-An ordinary person will be held to the standard of a reasonable person
- Professionals will be held to the standard of a reasonable and competent body of professional opinion
Bolam V Friern trust
- Learners will be held to the standard of the experienced person
Nettleship V Western
- Children will be held to the standard of the reasonable child of their age
Mullins V Richards

Question 3

What is an obvious and serious risk?

Answer 3

Serious is much more than minimal or remote.
Obvious is that the risk is clear, present and ambiguous
R V Rudling

Question 4

What is the test for reasonably foreseeable?

Answer 4

It must be reasonably foreseeable to serious and obvious risk of death
R V Rose

Question 5

What is factual causation?

Answer 5

Factual causation asks but for the defendants actions would the death or injury have occurred when it did or as it did
R V Pagett

Question 6

What is legal causation?

Answer 6

Assessed through the De minimis principle that the D must make. minimal or trivial contribution towards the death or injury
R V Kimseu
- intervening acts
- thin skull rule

Question 7

what is the mens rea for gross negligence manslaughter?

Answer 7

“Reprehensive”’
“Truly exceptionally bad”