Gross Negligence Manslaughter

Question 1

(Broughton)

Answer 1

D must owe V a duty of care, can be anyone closely or directly affected by Ds actions

Question 2

(Hall v Simons)

Answer 2

Lawyer/client

Question 3

(Clunis v Camden & Islington)

Answer 3

Public body

Question 4

(Capital & Counties v Hampshire CC)

Answer 4

Fire brigade/public

Question 5

(Nettleship v Weston)

Answer 5

Driver/other road user

Question 6

(Whitehouse v Jordan)

Answer 6

Doctor/ patient

Question 7

(Condon v Basi)

Answer 7

Sportsman/sportsman

Question 8

(Robinson v CC of YP)

Answer 8

Police/ public

Question 9

(Sirrors v Moore)

Answer 9

Judiciary/public

Question 10

(Walker v Northumberland CC)

Answer 10

Employer/employee

Question 11

Caparo:(Kent v Griffiths)

Answer 11

A. Harm/damage is reasonably foreseeable. Objective test- reasonable man

Question 12

Caparo: ( Bourhill v Young)

Answer 12

B. Proximity between the parties- time, space/relationship

Question 13

Caparo: (Mulcahy v MOD)

Answer 13

C. Just, fair & reasonable to impose duty and no public policy reasons to not hold accountable

Question 14

(Singh)

Answer 14

Court considers what D was expected to do and whether they failed to do so/ did this at a poor standard and the D is judged against the standard of a reasonable man doing the same activity

Question 15

GN: (Adamako)

Answer 15

“So bad in all the circumstances as to amount in the jury’s judgement to a criminal act or omission”

Question 16

(Bateman)

Answer 16

“disregard for the life and safety of others

Question 17

GN: (Singh)

Answer 17

Judge held that the “reasonable prudent person would have foreseen a serious and obvious risk not merely of injury but of serious injury”

Question 18

(Misra & Srivastava)

Answer 18

Clear and obvious risk of death

Question 19

Causation

Answer 19

Factual and legal