Gross Negligence Manslaughter

Question 1

How did R V Adomako set out GNM ?

Answer 1

must be DoC
breach of duty
caused death
negligence must b gross negligence

Question 2

What did R V Broughton add to the definition of GNM ?

Answer 2

was it RF breach could give rise to serious and obvious risk of death

Question 3

When can a DoC arise and what is it based off ?

Answer 3

where D fails to act when has responsibility to
from ‘neighbour principle’ D V S

Question 4

What did D V S say about DoC ?

Answer 4

owed to any1 ‘directly affected by ur act/omission that 1 should have in their contemplation’

Question 5

How did the supreme court in Robinson establish was the 2 ways of deciding if a DoC exists?

Answer 5

if pre-existing 👎 to carry out test
if not use tests in Caparo V Dickman

Question 6

How do we see if the duty has been breached and which case set it out ?

Answer 6

Blythe V Birmingham 💧- fell below standard of RP doing same activity ?
(objective)

Question 7

What are the 3 standards of DoCs with cases?

Answer 7

Professionals (Bolam)
Learners (Nettleship V Weston)
Children (Mullins V Richards)

Question 8

the breach must cause death so what must be est.?

Answer 8

causation

Question 9

What is factual and legal causation with cases ?

Answer 9

but for- (White/Pagett)
de minimus (Kimsey)
O+S (Smith/Cheshire)

Question 10

What happens should the D satisfy all elements of GNM?

Answer 10

mandatory life sentence removed and replace with discretionary sentence

Question 11

What act is GNM under ?

Answer 11

s.54 Coroners & Justice Act 2009