Gross Negligence MS

Question 1

Gross Negligence manslaughter definition

Answer 1

Has four stages that must be proved (Adomako)

Question 2

GNS- Stage 1 definition?

Answer 2

The D must owe the V a duty of care.

Question 3

GNS- Stage 1 Key law/case

Answer 3

(Adomako)- “Ordinary principles of negligence apply”

Question 4

GNS- Factor 1 of stage 1

Answer 4

FORSEEABLE- Is it foreseeable that the V will be injured as a result of the D’s actions?

Question 5

GNS- Factor 2 of stage 1

Answer 5

PROXIMITY- Do the D and V have a relationship of legal closeness (can you use omissions to help?)

Question 6

GNS- Factor 3 of stage 1

Answer 6

REASONABLE- Is it reasonable to give a duty to the D ?

Question 7

GNS- Stage 1 SIDE RULE=

Answer 7

joint enterprise- if D & V are jointly engaged in a crime ; they still owe each other a duty of care (Wacker)

Question 8

GNS- Stage 2 Definition

Answer 8

Has D breached the duty of care (Adomako) “Ordinary principles of negligence apply”

Question 9

GNS- Stage 2 Question

Answer 9

Has the D acted like a reasonable person or have they failed to reach the standards of a reasonable person?

Question 10

GNS- Stage 2 SIDE RULE-

Answer 10

Do any omissions help you here? (contractual duty=(Pitwood)
voluntary duty=(Gibbons & Proctor)
Special relationship=(Gibbons & Proctor)
Creating a dangerous situation=(Miller)

Question 11

GNS- Stage 3 definition

Answer 11

Did the breach of duty involve a risk of death (Misra)

Question 12

GNS- Stage 3 TIP-

Answer 12

If there are any causation issues in your scenario, deal with them here.

Question 13

GNS- Stage 4 definition

Answer 13

Is the breach of duty gross?

Question 14

GNS- Stage 4 Key Law/case

Answer 14

Was the breach so bad that it ought to be a crime? Did the D show a total disregard for the life and safety of others? (Bateman/Adomako)