Gross Negligence Maslaughter Flashcards
What could the D be charged with?
Involuntary manslaughter
What is the case for gross negligence?
Adomako
How many stages does gross negligence have?
Four stages must be established
What’s stage 1?
The D must owe the V a duty of care
What’s the key law?
Adomako
What’s the quote for the key law and gross negligence?
Ordinary principles of negligence apply
Whats the foreseeable question?
Is it foreseeable that the V will be injured as a result of the D’s actions
What’s the proximity question?
Do the D and V have a relationship of legal closeness?
What’s the reasonable question?
Is it reasonable to give a duty to the D?
What’s the side rule and what does it mean and what’s the case?
SR - joint enterprise - if D and V are jointly engaged in a crime, they will owe eachother a duty of care (wacker)
What’s stage 2 and what case applies?
Has D breached the duty of care (adomako) “ordinary principles of negligence apply”
What’s the key question?
Has the D acted like a reasonable person or have they failed to reach the standards of a reasonable person?
What’s the side rule?
Omissions
What case is used for contractual duty?
Pitwood
What omission is used for gibbons and proctor name the first one?
Voluntary duty
