Gross Negligence Manslaughter Flashcards
involuntary manslaughter
1
Q
Definition?
A
where D causes V’s death by breaching a duty of care towards V in a grossly negligent way
2
Q
Sentence in the prison?
A
maximum life in prison
3
Q
Main elements?
A
- duty of care
- breach of that duty
- causes death
- obvious risk of death
- grossly negligent and therefore criminal
4
Q
Examples of duty of care relationships?
A
-ordinary civil law principles
e.g. Donoghue v Stevenson
- contractual duty
- voluntary assumptions
- special relationship
- creating dangerous situation
5
Q
Duty of care
A
- there must be a duty of care owed by the D to V
Adomako - situations that give rise to liability for omissions
Evans - duty of care is owned in unlawful activity
R v Wacker
6
Q
Breach of that duty?
A
D’s conduct must fall below the standard of the reasonable person
R v Edwards
7
Q
Causes death?
A
using causation
R v Broughton
8
Q
Risk of death?
A
there must be obvious risk of death as a result of the breach
- objective test
9
Q
Grossly negligent?
A
whether D’s conduct is so bad it should be judged as criminal
R v Bateman
