Gross Negligence Model Answer Flashcards
D may be liable for…
gross negligence manslaughter.
There are 5 elements that must be satisfied … more recently confirmed in …
(ADOMAKO), Broughton (2020).
Firstly, the defendant must have owed…
a duty of care, (SINGH).
In Evans, a duty of care was said to apply ‘wherever…
D’s conduct carries a foreseeable risk to those around them’.
It is a matter for the…
jury to decide (WILLOUGHBY).
Other situations where a duty will arise are in…
established relationships, doctor-patient (ADOMAKO), landlord-tenant (SINGH), and employer-employee.
If relevant: a duty of care can be owned even when…
both the defendant and the victim are engaged in criminal activity (WACKER).
If relevant: a duty of care can also rise from an…
omission which means there was a failure to act when there was a duty of care to act.
Examples are a duty of care for someone assumed…
voluntarily (STONE and DOBINSOM, GIBBINS and PROCTOR), the duty to deal with a dangerous situation created (MILLER), and a contractual duty (PITTWOOD).
Secondly, the defendant must have breached the duty owed, by…
falling below the reasonable person standard of care test (BLYTHE v BIRMINGHAM WATERWORKS).
Thirdly, the breach of duty must…
cause the death.
The test for factual causations is…
the but for test (PAGETT WHITE HUGHES) where the harm would not have occurred but for the defendant.
The test for legal causation is whether the defendant is the…
operating and substantial, significant more than minimal cause (SMITH PAGETT)
Fourthly, there must have been a…
serious and obvious risk of death and death did result, (ROSE, RUDLING, KUDDUS).
Fifthly, there must be gross negligence where the negligence was…
such as to make the defendant criminally liable in the eyes of the jury.
Gross negligence was defined in … and approved in … as meaning…
BATEMAN, ADOMAKO, ‘conduct so bad in all the circumstances as showing such disregard for the life and safety of others as to amount to a crime’.
SELLU established the judge must…
give some guidance to the jury.
To conclude…
D will be liable for involuntary manslaughter as all the elements of gross negligence manslaughter are satisfied.
