Gross negligence manslaughter

Question 1

what are the two cases which established gross negligence?

Answer 1

Adomako and Broughton

Question 2

what does it mean it must be a duty of care?

Answer 2

duty is owed to anyone closely or directly affected by acts or omissions
(caparo v dickman)
can be pre existing (Robinson)

Question 3

what does breach of duty mean?

Answer 3

reasonable man test
court considered what d was expected to do
(wacker)

Question 4

factual causation?

Answer 4

‘but for’ (r v white)

Question 5

legal causation?

Answer 5

more than minimal and the substantial cause
(r v pagett)

Question 6

what is gross negligence?

Answer 6

must be grossly negligent
(adomako)
must be ‘so bad/serious that it amounts to a criminal offence

Question 7

what is a risk of death according to the case (r v rose)

Answer 7

a mere possibility that an assessment might revel something life threatening is not the same as a ‘obvious risk of death’ present risk which is clear and not one which becomes apparent on further investigation