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A2 Law - Involuntary Manslaughter > Gross Negligence Manslaughter > Flashcards

Gross Negligence Manslaughter Flashcards

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1
Q

When is gross negligence manslaughter committed?

A

When an individual owes a duty of care to another and breaches it in a very negligent way

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2
Q

What does the civil law define negligent as?

A

When a personal fails to take the care as a reasonable person would in that situation

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3
Q

What is negligence defined under?

A

Civil law

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4
Q

What did the civil case of Donoghue v Stevenson (1932) establish?

A

The neighbour principle

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5
Q

What type of case of Donoghue v Stevenson (1932)?

A

Civil

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6
Q

What case happened in 1932?

A

Donoghue v Stevenson

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7
Q

In what year did the case of Donoghue V Stevenson take place?

A

1932

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8
Q

What established the neighbour principle?

A

The civil case of Donoghue V Stevenson (1932)

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9
Q

What is the neighbour principle?

A

The principle that one must take care to avoid acts it omissions that could injure another

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10
Q

What is gross negligence?

A

Where the death of a person is caused by another’s negligence which is so severe as to deserve punishment under criminal law

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11
Q

What can give rise to a gross negligence conviction?

A

Gross negligence

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12
Q

What established the three requirements for a gross negligence manslaughter conviction?

A

The case of Adomako (1994)

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13
Q

What case took place in 1994?

A

Adomako

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14
Q

In what year did the case of Adomako take place?

A

1994

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15
Q

What did the case of Adomako (1994) establish?

A

That a gross negligence conviction requires three requirements:
The defendant must owe a duty of care
The defendant must have breached the duty which in turn caused the death
The defendant must have been grossly negligent

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16
Q

What are the three requirements for a gross negligence manslaughter conviction?

A

The defendant must owe a duty of care
The defendant must have breached the duty which in turn caused the death
The defendant must have been grossly negligent

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17
Q

What is the problem with the requirements established by Adomako (1994)?

A

Much of the terminology is vague, leaving little guidance for the jury when coming to a decision so it’s too subjective. People may have differing views of ‘owe’ and how far is gross negligence? It’s subjective to pick a point when it’s no longer negligent but gross negligence

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18
Q

How does gross negligence manslaughter differ from other types of involuntary manslaughter?

A

Initially the defendant is not committing any sort of crime

19
Q

What duty situations does the criminal law recognise?

A

A contract of employment

Undertaken a duty of care for another

20
Q

Is the duty wide or narrow?

A

Very wide

21
Q

What does the duty being very wide result in?

A

The scope of the offence is very wide too

22
Q

What is an example of the duty of care being very wide?

A

Wacker (2003)

23
Q

What does the case of Wacker (2003) demonstrate?

A

That the scope of the duty required for gross negligence manslaughter offences is very wide

24
Q

What case happened in 2003?

A

Wacker

25
Q

In what year did the case of Wacker take place?

A

2003

26
Q

What happened in the case of Wacker (2003)?

A

The defendant was a lorry driver who tried to smuggle 60 immigrants into Britain. On the ferry crossing he closed the air vent in the container so it was more difficult for them to be discovered. It was impossible to open the vent or door from the instead and 58 of the immigrants died.

27
Q

What was the outcome of the case of Wacker (2003)?

A

Wacker tried to argue because they were all involved in criminal activity he did not owe a duty of care to them. The court of appeal upheld his conviction and said

‘we see no justification for concluding that the criminal law should not hold a person liable simply because the two were engaged in unlawful activity as the same time’

28
Q

What did the court of appeal say in the case of Wacker (2003)?

A

‘we see no justification for concluding that the criminal law should not hold a person liable simply because the two were engaged in unlawful activity as the same time’

29
Q

What is a breach of duty?

A

If someone of the same job who was reasonably confident would not act that way

30
Q

What case is relevant to breach of duty?

A

Litchfield (1998)

31
Q

What is the case of Litchfield (1998) relevant to?

A

Breach of duty

32
Q

What year was the case of Litchfield?

A

1998

33
Q

What case happened in 1998?

A

Litchfield

34
Q

What happened in the case of Litchfield (1998)?

A

The defendant was a boat owner and master and sailed too close to the rocks causing the death of 3 crew members

35
Q

Where was the concept of gross negligence first explained?

A

Bateman (1925)

36
Q

What did the case of Bateman (1925) do first?

A

Explain the concept of gross negligence

37
Q

What case was in 1925?

A

Bateman

38
Q

When was the case of Bateman?

A

1925

39
Q

What happened in the case of Bateman (1925)?

A

The defendant was a doctor that did not send a woman in child birth who was having complications to hospital for 5 days.

40
Q

What was the outcome of Bateman (1925)?

A

His conviction was quashed as it was thought he had carried out the normal procedures a normal doctor would have.

41
Q

How did the court of appeal explain the concept of gross negligence?

A

They held the prosecution must prove the defendant negligence was so gross that compensation was insufficient and the defendant showed such disregard for life they deserved a criminal punishment.

42
Q

EVALUATIONS

A

Evaluations

43
Q

What is the test for gross negligence manslaughter?

A

‘Was negligence so gross as to be deemed negligent’

44
Q

Can gross negligence manslaughter be committed by omission?

A

Yes

A2 Law - Involuntary Manslaughter (4 decks)

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