gross negligence manslaughter Flashcards
what is gross negligence manslaughter
has no mens rea to cause death serious harm, or murder someone
is gross negligence lawful or unlawful
lawful
what does the defendant have to owe in order to be gross negligence manslaughter
-owe duty of care
-breach duty of care
-cause death
-have appropriate criminal liability
what are the cases for gross negligence manslaughter
r v Seymour 1983
r v adomako
what happens in the case r v Seymour relating to gross negligence manslaughter
boyfriends tried o push girlfriends car with lorry, crushed her as she was trapped between the two cars, it up to the jury to decide whether it Is gross negligence
what happens in the case r v adomkao 1995
defendant was an anaesthetist, his role was to ensure that a patient undergoing an operation was safe and able to breathe while under aesthetic, a tube supplying the patient with oxygen became disconnected, the defendant failed to notice the problem for four an half mins and then misdiagnosed the situation, evidence showed that a a competent anaesthetist would have been aware of the problem within 15 seconds, all elements of gross negligence were present in this case and confirmed by House of Lords
what are the elements for gross negligence
dutyof care
breach of duty
what is the first element of gross negligence manslaughter
duty of care
what is the definition of duty of care
exists between a parent nd a child, teacher and students, doctor and their patients
when it I difficult of courts to decide whether there is a dutyof care then they will decided whether it is reasonably foreseeable that the actions would cause death
what are the cases for duty of care
donoghue v stevenson
r v winter 2010
r v singh 1999
what happens in the care Donoghue v Stevenson for the first element
snail case, created the neighbour principle
what happened in the case r v winter relating tp the first element
director and employee of fireworks company were held to owe duty of care for a cameraman who worker for the fire services, cameramen attended a fire to make a film for training purposes, and was killed when aa boy of fireworks exploded,
what happens in the case r v Singh 1999 in the first element
people in apartment died of carbon monoxide poisoning defendant had a duty of care
what is the second element
breach of duty
what is the meaning of breach of duty
conduct fails to make applicable standard of care
what are the cases for breach of duty
hamza khan 2011
what happens in the case hamza khan 2011 relating to breach of duty
been found dead in his cot, starved to death and his body was founding spetmeber 2011, he died in 2009, the mother was addicted to alcohol, admitted child cruelty, she also admitted the charge of preventing the burial of a corpse, found guilty of grade negligence
