Gross Negligence Manslaughter

Question 1

What is used to establish duty of care in GNM ?

Answer 1

Robinson approach pre-existing duties of care e.g parent-child (Robinson V West work police)

Question 2

What are the different types of breach of duty ?

Answer 2

Ordinary person.
Professional Bolam test.
Learners ( Nettleship V Western).
Children reasonable child of their age.

Question 3

What does an obvious and serious risk mean ?

Answer 3

Obvious- present, clear and unambiguous
Serious - much more than minimal or remote
( R V Rualing)

Question 4

What is meant by reasonably foreseeable in GNM ?

Answer 4

Must be reasonably foreseeable to be serious and obvious risk of death ( R V Rose)

Question 5

But for test ?

Answer 5

Would the V have died as and when they did if not for the Ds actions ?
( R V Pagett)

Question 6

Deminimus principle ?

Answer 6

D must be more than a minimal and trivial cause to the Vs death
( R V Kimsey)

Question 7

Thin skull rule ?

Answer 7

The D must take the victim as and how they come.

Question 8

What is meant by gross negligence ?

Answer 8

Truly exceptionally bad ( R V Sellu)