Gross Negligence Manslaughter

Question 1

D must be in a

Answer 1

Duty of care for C. Where D should have C in contemplation.

Question 2

That is

Answer 2

Breached. This can be through an act or omission. Where D has done something or failed to do something that harms V.

Question 3

Adomako

Answer 3

Leading case. Dr. didn’t see broken breathing tube

Question 4

Litchfield

Answer 4

Ship captain knew engines were faulty. duty is breached

Question 5

The breach must

Answer 5

cause death.

Question 6

Causation

Answer 6

Factual casation applies the ‘but for test’

Legal causation questions is it fair to blame D.

Question 7

wacker

Answer 7

Illegal immigrants suffocated in lorry.

Question 8

… test applied

Answer 8

The objective test is applied. Where D is compared to the ordinary, reasonable person of Ds sex/age.

Question 9

The negligence must be…

Answer 9

gross

Question 10

Gross negligence is defined by what cases?

Answer 10

Bateman

Andrews

Question 11

Bateman

Answer 11

A disregard for life and safety

Question 12

Andrews

Answer 12

A high degree of negligence

Question 13

State The law

Answer 13

D has a duty of care for C. Where D should have C in contemplation. Adomako
That duty of care is breached. This can be through an act or omission. Where d has failed to do or has done something to harm V. Litchfield.
The breach must cause death. The factual causation applies the ‘but for’ test. Wacker. Legal causation questions is it fair to blame D.
The objective test is applied. D is compared to the ordinary, reasonable person. Evans
The negligence must be gross.
Gross negligence is defined in Bateman as a disregard for life and safety. Gross negligence is defined in Andrews as a high degree of negligence.