Gross negligence manslaughter Flashcards
Which case outlines the elements for GNM?
Adomako
What are the 4 elements of GNM?
1) Duty of care
2) Breach of duty involving a risk of death
3) Breach caused death
4) Gross negligence
Through what 2 ways can a duty be proved?
Through by duty of care or if there is an omission and a duty to act arises
Which case outlines the 3 part test for a duty of care?
Caparo v Dickman
What is the Caparo 3 part test?
1) Damage must be reasonably foreseeable
2) Proximity between D and V
3) Fair, just and reasonable to impose duty
Which case demonstrates that damage must be reasonably foreseeable?
Jolley v Sutton
Which case demonstrates there must be proximity between D and V?
Relationship - Osman v Ferguson
Time and space - Bourhill v Young
Which case demonstrates that it must be fair, just and reasonable to impose duty?
Hill v South Yorkshire
What are the 5 types of duty?
Contractual - Pittwood Relationship - Gibbons and Proctor Voluntary assumption of care - Stone and Dobinson Public office - Dytham Creating a dangerous situation - Miller
What does a breach of duty mean?
That D has fallen bellow the standard pf car expected of a reasonable person
Which case defines a breach of duty?
Blyth v Birmingham Waterworks co.
How does Blyth define breach of duty?
D does not do something that a reasonable man would do or does something that a reasonable man wouldn’t do
What legal principle does Nettleship v Weston outline?
Inexperience does not lower the standard of care
What legal principle does Bolam v Barnet & Friern outline?
Professionals will be compared to another reasonable professional
What legal principle does Mullins v Richards outline?
Age can lower standard of care expected (children will be compared to a reasonable child of the same age)
What can be used to help prove breach?
Risk factors
What are the 4 risk factors?
1) Size of risk
2) Seriousness of potential harm
3) Practicability of precautions
4) Potential benefits of taking risk
What is the leading case which demonstrates a small risk of harm?
Bolton v Stone
What is the leading case which demonstrates a large risk of harm?
Miller v Jackson
What is the leading case which demonstrates seriousness of potential harm?
Paris v Stepney BC
What is the leading case which demonstrates practicability of precautions?
Latimer v AEC and Paris v Stepney
What is the leading case which demonstrates the potential benefits of taking risk?
Watt v Hertfordshire CC
The breach must involve what?
A risk of death
Who must foresee the risk of death?
Reasonable man
Which case says that the reasonable man must foresee the risk of death?
Lewin v CPS
It must be proved that the breach caused the death, so what must be shown?
That the breach factually and legally caused the death
Which case outlines the gross negligence?
Adomako
What did Adomako stress about the matter of gross negligence?
That it was a matter for the jury to decide
What is the gross negligence test/what do the jury need to decide?
Whether D’s conduct is so bad, departed so far from the standard expected as to amount to a criminal act or omission
