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
