gross-negligence manslaughter

Question 1

What is the criteria to prove gross-negligence manslaughter?

Answer 1

1. duty of care
2. breath of DOC
3. risk of death
4. reasonably forseable
5. caused the death
6. requires criminal action

Question 2

Explain ‘duty of care’ as a part of gross-negligence manslaughter.

Answer 2

ultimately a judges decision on a case by case basis.

Caparo test: proximity, foreseeability of harm, and fair, just and reasonable

Question 3

Explain ‘breach of doc’ as a part of gross-negligence manslaughter.

Answer 3

failure to reach the standards expected of a reasonable person.

Adamako: anaesthetist failed to notice a disconnected tube.

Sigh: landlord ignored gas ibn tennant’s house

Question 4

Explain ‘risk of death’ as a part of gross-negligence manslaughter.

Answer 4

(history)

serious and obvious

Singh

Question 5

Explain ‘reasonable foreseeable’ as a part of gross-negligence manslaughter.

Answer 5

objective test (reasonable person)

Question 6

Explain ‘caused the death’ as a part of gross-negligence manslaughter.

Answer 6

causations:
factual, legal, novus actus interveniens.

Question 7

Explain ‘requires criminal action’ as a part of gross-negligence manslaughter.

Answer 7

yes or no question - was it bad enough to need it?