Gross Negligence Manslaughter GNM Flashcards
Introduction
•gross negligence manslaughter type of involuntary manslaughter
•offence has 5 key elements from R v Adomako 1995
• case - doctor was convicted under GNM for failing to recognise an oxygen tube was disconnected
The defendant owes the victim a duty of care
•prove that the defendant owes the victim a duty of care
•general law on duty of care was established using NEIGHBOURING TEST
• from Donoghue v Stevenson stating that “the defendant owes a duty of care to anyone they can for see can be directly affected by their actions”
The defendant breaches that duty
•proven that the defendant has fallen below the standard of care excepted of the ‘reasonable man’ performing the same activity
• case - Blythe
The defendants beach has cause the death of the victim
•defendants action caused death
•factual and legal causation must be proven
• factual - but for d’s action the consequence to V wouldn’t have occurred
•legal - D’s action must have significant contribution (R v Pagett)
Intervening acts
The objective risk of death
•the breach created an objective risk of death
• whether the reasonable person would have foreseen a rick of death for defendants actions
•R v Misra - a reasonable person would seen a risk in death if a doctor doesn’t detect obvious symptoms of an infection after surgery
The negligence is ‘gross’
•prove the negligence is ‘gross’
•R v Bateman
• gross test whether the negligence goes ‘ beyond mere matter of compensation and shows such disregard for life and safety of others as to amount to a crime against the state and conduct deserving punishment’
Conclude
Element of GNM had/ has not been proven therefore D is not guilty/ not guilty. If found guilty d could receive life imprisonment. 😍
Conclude
Element of GNM had/ has not been proven therefore D is not guilty/ not guilty. If found guilty d could receive life imprisonment. 😍
