Gross negligence manslaughter

Question 1

what was the main caise for GNM

Answer 1

Adomako
anaesthetist failed to notice for 6 mins taht oxygen tube for patient was disconnected
made the test for GNM

Question 2

what is the test for GNM

Answer 2

1 - did d owe a DOC to v
2 - did D breach that doc to v
3 - did breach of DOC cause the death of v
4 - was the breach of DOC so gross as ot be a crime

Question 3

what was done in the case of Khan and Khan

Answer 3

judge rules on the question of law, juries have to decide question of fact

Question 4

how does someone owe a DOC to V

Answer 4

by an omission, someone owes a DOC to someone if they may be foreseenably harmed by their actions

Question 5

how to determine whether there was a breach of DOC to v

Answer 5

objective test, juryt must ask if Ds action or behaviour fell below the standard expected of the reasonable person.n

Question 6

how to determine whether the breach of DOC caused v’s death

Answer 6

D’s breach of DOC must cause V’s death
Hayward - in the case D did not cause v’s death by negligence
CAUSATION RULE APPLIES

Question 7

how to determine whether the breach of DOC was so gross that it would amout to be a crime

Answer 7

Objective test - Singh - a question for the jury

would a reasonably prudent person foreseen a serious and obvious risk of death?

Question 8

wht was the question for the jury in the case of misra

Answer 8

whether D’s behaviour is grossly negligent and consequently a crime