Gross negligence manslaughter Flashcards

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1
Q

Element 1 is that the defendant must owe a duty of care to the v__

A

Victim

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2
Q

Element 2 is that there must be a breach of d___

A

duty

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3
Q

Element 3 is that the defendant’s conduct must have created an obvious risk of d___

A

DEATH

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4
Q

Element 4 is that he conduct must, in the eyes of the jury, j__ a criminal conviction

A

Justify

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5
Q

In the case of R v Adomako, a first-time part-time antitheist failed to realise that a patient’s breathing tube had become disconnected from the v____

A

Ventilator

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6
Q

The case of R v Litchfield shows that ordinary___ of __ apply here

A

Ordinary principles of negligence

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7
Q

For the second element to be satisfied, the defendant must show a blatant disregard for the__ of others

A

Lives

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8
Q

Bateman tells us that:

A

For the second element to be satisfied, the defendant must show a blatant disregard for the lives of others

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9
Q

Misra and Srivastava tells us that only a risk of ___ will suffice

A

Death

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10
Q

Lord Mackay stated that the conduct of the defendant has to be “so bad in all of the ____ as to amount in their judgement to a criminal act or o____”

A

Circumstances

Omission

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11
Q

In the case of Adomako, Lord Mackay stated what:

A

The conduct of the defendant has to “so bad in all of the circumstances as to amount in their judgement to a criminal act or omission”

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12
Q

The test in element 4 is illustrated by R v __

A

Kite

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13
Q

An example of a GNM case with a clear duty of care is

A

Wacker

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14
Q

The ordinary principle of negligence is that the standard is

A

Whether the D’s conduct fell below the standard of a reasonable person carrying out the same activity as the D

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15
Q

Was R v Bateman EARLIER OR LATER than Adomako?

A

Earlier

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16
Q

In R v Bateman, it was ruled that gross negligence is when

A

“The negligence of the accused went beyond mere compensation.”