GROSS NEGLIGENCE MANSLAUGHTER Flashcards
how many elements must be satisfied
5 elements (Adomako) more recently confirmed in Broughton (2020)
What is the first element that must be satisfied
Breach of duty of care (Singh)
what did EVANS said about duty of care
to apply where De conduct carries a foreseeable risk to those around them
it is a matter for the jury to decide (WILLOUGHBY)
other situations where duty of care will arise are established in relationships such as
doctor patients(ADOMAKO), landlord tenants (SINGH) and employers employees
what does the case of Wacker state
duty of care can also be owed where both the parties are taking part in criminal activity
Omission
can arise from an omission which means a failure to act when there is a duty to do so
duty to deal with dangerous situations created (MILLER)
contractual duty ( PITTWOOD)
what is the second element
that the duty of care was breached by falling below the reasonable person standard of care test
Blyth v Birmingham waterworks
What is the third element
that the breach was the cause of the death
what is the factual and legal test
factual —> but for test = White Hughes Pagett
legal —> operating and substantial cause significant more than minimal = Pagett, Smith
what is the fourth element
there must be GROSS negligence wheee negligence was such to make the defendant criminally liable
Case of Bateman and Adomako
defines in Bateman and approved in Adomako as meaning
conduct so bad in all the circumstances as showing such disregard for the life and safety of others to amount to crime
what did SELLU establish
judge must give some guidance to the jury
