Gross Negligence Manslaughter Flashcards
- D must owe V a duty
i) Caparo v Dickman test
ii) criminal duty to act 1/5
Voluntary assumption of care must be significant - D must have willingly and actively taken over V’s care - R v Evans
D still owes a duty even if D and V are jointly involved in a crime when V dies - R v Wacker
- D’s breach of duty must involve a risk of death
D has acted as the reasonable man would not or has failed to act as the reasonable man would - Blyth v Birmingham Water Works
Inexperience - Nettleship v Western
Age - Mullins v Richards
Profession - Bolom
Low risk of harm - Bolton v Stone
High risk - Paris v Stepney
Practicality of Precations Hayley v LEB
Benefits for society - Watt v HertfordshireCC
Breach must carry a risk of death - Misra , which the reasonable man would foresee - Lewin v CPS
- D’s conduct must be grossly negligent
Having regard to the risk of death, was D’s conduct so bad in all the circumstances as to amount to a criminal act or omission - R v Adamako
