Gross Negligence Manslaughter Flashcards
R v Broughton
D must owe V a duty of care, D must breach that duty, there must be a serious and obvious risk of death, the risk of death must be reasonably foreseeable, D’s breach must cause V’s death, and the breach must be grossly negligent
R v Robinson
D must owe a duty of care, which can be proven based on past precedents
R v Pittwood
Contractual duty
R v Gibbins and Proctor
Relationship duty
R v Stone and Dobinson
Assuming responsibility voluntarily duty
R v Dytham
Public office duty
R v Miller
Creating a dangerous situation duty
Blyth v Birmingham Waterworks
A breach of duty can be where D falls below the standard of care expected
Bolam
Professionals will be compared to other professionals
Mullin v Richards
A person of an age will be compared to someone of that age
Nettleship v Weston
Inexperience doesn’t affect the standard of care
Bolton v Stone/Miller v Jackson
The reasonable man will take less/more precautions against a small risk of harm
Paris v SBC
The reasonable man will take more care when the potential harm to C could be serious
Paris v SBC/Latimer v AEC
If taking precautions is cheap, quick and easy, the reasonable man will more likely take precautions
Watt v HCC
The reasonable man will take a risk if the potential benefit to be gained outweighs the risk
R v Rose
An obvious risk is a present risk which is clear and unambiguous
R v Pagett
Uses the ‘but for’ test, where the consequence would not have happened but for D’s conduct
R v White
Uses the ‘but for’ test, where the consequence would have happened but for D’s conduct
R v Smith
Uses the ‘operative and substantial’ test, whereby D’s actions were significant in causing the consequence
R v Pagett (intervening act)
Acts of a third party will not break the chain of causation if they are reasonable and foreseeable
R v Jordan
Acts of a medical third party will break the chain of causation if they are unreasonable, unforeseeable and palpably wrong
R v Roberts
Acts of the victim will not break the chain of causation if they are reasonable and foreseeable
R v Williams
Acts of the victim will break the chain of causation if they are unreasonable and unforeseeable
R v Blaue
The Thin Skull Rule shows you must take your victim as you find them
Broughton (gross negligence)
Gross negligence is when the jury thinks that the circumstances of the breach were truly exceptionally bad as to require criminal sanction
