Gross negligence Manslaughter

Question 1

will D have the MR for murder

Answer 1

no she will be charged with involuntary

Question 2

Theres 2 AR

1. D must owe V a duty of care
   * **cite relevant problem

Answer 2

-ased on tort and lord artkin ‘neighbour principle’-DonoghueV Stevenson
-Duty is owed in criminal law in 6 situation
1.contractual-adamako,philips
2.statutory-road traffic act 1988
3.assumption of care- stone &Dobinson
4. relationship- gibbins and proctor
5. creation of dangerous situation- Miller
6. general circumstance-khan
and khan, winter and winter
*** cite relevant problem

Question 3

2. AR- D must breach their duty which causes death

word test as approach to problem

Answer 3

the test for breach is that “D is judged against the standard of the reasonably competent person performing the activity in question- Adomako,teoh

Question 4

MR is … breach must be considered as grossly negligent….

Answer 4

3 leading direction on this
1. lord hewart in Bateman “the negligence of the accused went beyond a mere matter of compensation and showed such disregarded for the life and safety of others”
2. lord atkin in Andrews v DPP “ grossest ignorance or most inattention”
3. in sign “risk of death”was confirmed in Misra and Srivastava
all 3 must be established wood and hodgeson