Gross Negligence Manslaughter A01 Flashcards

1
Q

5 part test established in

A

R v Adamako

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2
Q

DUTY OF CARE

A

Established - Robinsion v CCWYP

Novel - Caparo

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3
Q

R v Wacker

A

DoC still owed to people df is carrying out a criminal act with

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4
Q

BREACH OF DUTY

A

R v Becker → mistake is not always enough for breach

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5
Q

RISK OF DEATH

A

R v Singh → a reasonable person would have foreseen a serious and obvious risk of death
(risk of injury even serious is not enough)

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6
Q

R v Broughton

A

risk must be much more than minimal or remote, ‘obvious’ = apparent, striking, and glaring

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7
Q

BREACH OF DUTY CAUSED DEATH

A

The breach of duty must be the reason for death

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8
Q

mens rea

A

R v Bateman → negligence must have went beyond a mere matter of compensation, must show such a disregard for the life and safety of others

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9
Q

physical conduct (case)

A

AG Reference no.2 1999 → physical conduct may be enough alone to prove GNM without MR

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