Gross Negligence Manslaughter

Question 1

4 requirements:

Answer 1

D owes a duty of care
D breaches that duty
D breaches that duty in a grossly negligent way
D causes V’s death

Question 2

Adomako

Answer 2

Anaesthetist

Conviction upheld

Question 3

Bateman

Answer 3

Conviction quashed
Attended home birth which involved surgery.
Mother died 5 days later

Question 4

Andrews

Answer 4

Conviction upheld

D knocked down and killed a pedestrian while overtaking

Question 5

Cases for D owes a duty of care

Answer 5

Donoghue v Stevenson

Wacker

Question 6

Donoghue v Stevenson

Answer 6

Snail

‘Those who are so closely affected by my act that I ought reasonably to have them in contemplation’

Question 7

Wacker

Answer 7

Conviction upheld
Lorry driver, driving 60 illegal immigrants into the uk, closed a vent which allowed oxygen into the lorries storage area.
Killed 58

Question 8

D breaches that duty:

Answer 8

A duty is breached in civil law when D is judged against the standard of the reasonable person performing that duty

Question 9

D breaches that duty (cases):

Answer 9

Singh
Adomako
Misra and Srivastava

Question 10

Singh

Answer 10

D’s tenants told him the gas wasn’t working. He didn’t get an expert in and the tenant died.

Question 11

Misra and Srivastava

Answer 11

2 doctors failed to diagnose a serious and fatal infection after knee op.
Conviction upheld

Question 12

D breaches his duty in a grossly negligent way:

Answer 12

For the jury to decide and there is a circular test.

Question 13

D causes V’s death:

Answer 13

All rules of causation apply.

Factual, legal and morally