Gross negligence manslaughter

Question 1

Which case outlines the elements for GNM?

Answer 1

Adomako

Question 2

What are the 4 elements of GNM?

Answer 2

1) Duty of care
2) Breach of duty involving a risk of death
3) Breach caused death
4) Gross negligence

Question 3

Through what 2 ways can a duty be proved?

Answer 3

Through by duty of care or if there is an omission and a duty to act arises

Question 4

Which case outlines the 3 part test for a duty of care?

Answer 4

Caparo v Dickman

Question 5

What is the Caparo 3 part test?

Answer 5

1) Damage must be reasonably foreseeable
2) Proximity between D and V
3) Fair, just and reasonable to impose duty

Question 6

Which case demonstrates that damage must be reasonably foreseeable?

Answer 6

Jolley v Sutton

Question 7

Which case demonstrates there must be proximity between D and V?

Answer 7

Relationship - Osman v Ferguson

Time and space - Bourhill v Young

Question 8

Which case demonstrates that it must be fair, just and reasonable to impose duty?

Answer 8

Hill v South Yorkshire

Question 9

What are the 5 types of duty?

Answer 9

Contractual - Pittwood
Relationship - Gibbons and Proctor
Voluntary assumption of care - Stone and Dobinson
Public office - Dytham 
Creating a dangerous situation - Miller

Question 10

What does a breach of duty mean?

Answer 10

That D has fallen bellow the standard pf car expected of a reasonable person

Question 11

Which case defines a breach of duty?

Answer 11

Blyth v Birmingham Waterworks co.

Question 12

How does Blyth define breach of duty?

Answer 12

D does not do something that a reasonable man would do or does something that a reasonable man wouldn’t do

Question 13

What legal principle does Nettleship v Weston outline?

Answer 13

Inexperience does not lower the standard of care

Question 14

What legal principle does Bolam v Barnet & Friern outline?

Answer 14

Professionals will be compared to another reasonable professional

Question 15

What legal principle does Mullins v Richards outline?

Answer 15

Age can lower standard of care expected (children will be compared to a reasonable child of the same age)

Question 16

What can be used to help prove breach?

Answer 16

Risk factors

Question 17

What are the 4 risk factors?

Answer 17

1) Size of risk
2) Seriousness of potential harm
3) Practicability of precautions
4) Potential benefits of taking risk

Question 18

What is the leading case which demonstrates a small risk of harm?

Answer 18

Bolton v Stone

Question 19

What is the leading case which demonstrates a large risk of harm?

Answer 19

Miller v Jackson

Question 20

What is the leading case which demonstrates seriousness of potential harm?

Answer 20

Paris v Stepney BC

Question 21

What is the leading case which demonstrates practicability of precautions?

Answer 21

Latimer v AEC and Paris v Stepney

Question 22

What is the leading case which demonstrates the potential benefits of taking risk?

Answer 22

Watt v Hertfordshire CC

Question 23

The breach must involve what?

Answer 23

A risk of death

Question 24

Who must foresee the risk of death?

Answer 24

Reasonable man

Question 25

Which case says that the reasonable man must foresee the risk of death?

Answer 25

Lewin v CPS

Question 26

It must be proved that the breach caused the death, so what must be shown?

Answer 26

That the breach factually and legally caused the death

Question 27

Which case outlines the gross negligence?

Answer 27

Adomako

Question 28

What did Adomako stress about the matter of gross negligence?

Answer 28

That it was a matter for the jury to decide

Question 29

What is the gross negligence test/what do the jury need to decide?

Answer 29

Whether D’s conduct is so bad, departed so far from the standard expected as to amount to a criminal act or omission