Gross Negligence Manslaughter Flashcards
- duty of care definition
a person will owe a duty of care to any other person who is ‘closely or directly affected by what they have failed to do or done badly’
duty of care cases
litchfield, waker
litchfield
D owed his passengers and crew a duty of care as they were closely or directly affected by his actions
waker
a duty of care will still be owed when D is carrying out illegal activities
- D’s breach
Did D negligently do something, or did they fail to do something?
who do we compare D to
a reasonable person or professional
D’s breach case
Singh
Singh
D was compared to a competent landlord when he failed to service his gas appliances, leading to the death of V
- D’s breach must cause death
Factual & Legal causation
Factual causation
but for D’s actions, would D still have been injured/died? (white)
Legal causation
- De minimis (pagett)
- Interviening acts : V’s own action, actions of a 3’rd party/ medical care & Thin Skull Rule
D’s negligence must be gross
Not defined in statute, defined through case law.
(Bateman & Andrews)
D’s negligence must be gross cases
Bateman, Andrews
Bateman LP
(Gross negligence defined as) D showing a ‘disregard’ for the life + safety of others amounting to a crime against the state, worthy of punishment.
Andrews LP
(Gross negligence defined as) ‘a very high degree of negligence’
- Risk of death cases
Misra & Sirvistava
Misra & Sirvistava LP
D’s conduct must include a risk of death not just injury or serious injury + this death must be reasonably foreseeable
