gross negligence manslaughter

Question 1

1. there must be a duty of care

Answer 1

-duty owed to anyone closely or directly affected
A) pre-existing duty or obvious duty of care
B) establish a duty via omission
C) establish a duty of care through caparo test

Question 2

caparo test

Answer 2

A) harm/damage is reasonably foreseeable
B) proximity- time/space/relationship
C) just, fair and reasonable

Question 3

2. breach of duty

Answer 3

-reasonable man test: D judged against the standard expected of the reasonable man doing the same activity as him
- courts consider what D is supposed to do and if he did this to a poor standard

Question 4

3. gross negligence

Answer 4

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

Question 5

4. risk of death

Answer 5

-clear and obvious risk of death

Question 6

5. causation

Answer 6

factual: “but for” D’s breach of duty, the V would not have died
legal: D’s breach of duty contributed to the V’s death in a more than minimal way