Gross Negligence Manslaughter (Year 13) Flashcards
What is the definition?
To be found guilty of gross negligence manslaughter…
The defendant must owe a duty of care towards the victim;
The breach of duty caused the death of the victim;
The negligence must be gross to be considered criminal.
Where is the definition from?
The ruling in R v Adomako.
What is a duty of care and what test is needed?
Caparo three-stage test.
What is the caparo test?
Reasonable foreseeability of harm;
Proximity of relationship;
Just, fair and reasonable to impose a duty of care.
Can a duty of care be imposed through an omission and if so how?
Can be committed by an act or omission – general rule on omissions apply.
Reasonable foreseeability of harm?
Would the ordinary person reasonably foresaw that their actions, or omissions carry a risk of some harm to another?
Proximity of relationship/proximity in time and space?
Is the victim a class of person who is likely to be directly effected by the acts, or omissions, of the defendant?
Just Fair and Reasonable to impose a duty of care?
Where injury is likely to occur, it will be just, fair and reasonable to impose a duty of care.
If the defendant creates the risk, or adds to an already existing risk, then it will be just, fair and reasonable to impose a duty of care.
What rules on omissions are there and list them.
Criminal Rules on Omissions, not civil.
Contractual Duty
Special Relationship
Voluntary Duty
Duty arising from the creation of a dangerous situation.
What is the extension of duty and negligence? Give the three w cases. Does it apply to criminal law- the joint unlawful activities?
General rule of negligence – no duty owed if parties are carrying out joint unlawful activities:
Doesn’t apply to criminal law
R v Wacker
R v Willoughby
R v Winter and Winter
R v Wacker
The defendant closed the vent before boarding the ferry. The crossing took an hour longer than usual and at Dover the customs officers found that 58 of the immigrants were dead due to a lack of oxygen.
The defendant was convicted of gross negligence manslaughter and reckless arson but appealed on the basis that he did not owe the victim a duty of care.
R v Winter and Winter
An explosion occurred which killed two people, a fireman and the cameraman, who had been warned by the fire crew to leave the site due to the dangers of being there. The father and son were convicted of manslaughter but appealed against the conviction for the cameraman as he volunteered to take the risk (a civil defence). The court rejected this argument and upheld the conviction.
Explain breach of duty- is it the same principals and do you need to explain the civil rules in detail?
Skilled.
Give a case.
General rules on breach will apply.
Experts will be held at a different standard.
Standard of the reasonable expert in that field of skill.
R v Adomako
No need to explain civil principles in detail.
What is causation?
THE SAME <33
What is gross negligence?
Negligence alone is not enough.
Negligence must be gross.
