Gross negligence manslaughter

Question 1

R v Adamako + elements

Answer 1

leading case
Does the defendant have a duty of care

Did the defendant breach that duty of care

Did that breach lead to death

Was defendant grossly negligent

Question 2

R v Broughton

Answer 2

Introduced new element of “It was foreseeable that the breach of duty gave rise to a serious and obvious risk of death”

Question 3

Donoghue v Stevenson

Answer 3

neighbour principle
Someone reasonably foreseeably be affected by your actions

People so closely and directly impacted by your act that you ought to have regard for them

Question 4

Caparo v Dickman

Answer 4

Tripartite test
Proximity in relationship

Foreseeability

Is it fair, just and reasonable to impose a duty of care

Question 5

Robinson v Chief Constable of West Yorkshire Police

Answer 5

Caparo wasn’t meant to be used in all cases

Not a “rigid test”

Question 6

R v Khan and Khan

Answer 6

A drug dealer may have a duty of care towards their client

Question 7

Nettleship v Western

Answer 7

Learner drivers are held against the standard of the reasonable driver

Question 8

R v Rudling

Answer 8

Serious risk is not the same as a possibility of death

Question 9

R v Rose

Answer 9

A mere possibility is not the same as an obvious risk of death

Question 10

R v Bateman

Answer 10

For negligence to be gross the defendant must show a complete disregard for the life and safety of others to amount to a crime