Gross Negligence Manslaughter Flashcards
R v Roberts
D need not forsee any injury
R v Adomako
defined elements for gross negligence manslaughter
Elements of GNM
-Did D owe a civil duty of care
-Did D breach that duty of care
-Did the breach cause death
-Was D grossly negligent
R v Broughton
need to be a foreseeable and obvious risk of death as a result of the breach
Donoghue v Stevenson (duty of care)
must take reasonable care to avoid acts and omissions which you can reasonably foresee would be likely to injure your neighbour
Caparo v Dickman (Duty of care 3 part test)
-proximity
-reasonably foreseeable
-fair, just and reasonable
Breach of duty
-Objective test, the D will be judged against the standard of the reasonable person doing the job competently
Nettleship v Western
Learners are judged against the standard of the competent person.
R v Rose
Obvious is more than a mere possibility that the action might be life threatening.
R v Rudling
Serious is not the same as the inability to eliminate a possibility
Breach caused death
factual and legal causation
R v Bateman (Mens rea)
Showing such disregard for the life and safety of other to go beyond mere compensation and amount to a crime
