Gross Negligence MS

Question 0

Duty of care to the victim

Answer 0

Neighbour principle - Donoghue v Stevenson

Duty of care can arise when D creates a dangerous situation (Miller)

Question 1

R v Adomako

Answer 1

Following case made 4 conditions necessary for prosecution to establish GNMS

1) owed a duty of care to the victim
2) was in breach of the duty
3) the breach of duty caused death
4) the defendants conduct was so bad in all the circumstances as to amount in the jury’s opinion to a crime

Question 2

Was in breach of duty (negligence was gross)

Answer 2

Jury test

HofL in Adomako said that defs actions must be so bad in all circumstances as to amount to a criminal act or omission

Question 3

Breach of duty caused death

Answer 3

Requires def to fall below standard of reasonable man and to act carelessly (Adomako)
If def had a disregard for life and safety of others (Bateman)
Whether or no def had foreseen a risk of death will be determined objectively (Singh)

Objective test

Question 4

Defs conduct was so bad in all the circumstances as to amount in the jury’s opinion to a crime

Answer 4

Up to the jury to decide

Question 6

Duty of care or duty to act?

Answer 6

Duty of care – based in ordinary principles (Adomako) (professional or contractual relationships etc)

Duty to act – person is only liable for failure to act if he has a duty to do so

Question 7

What the jury will ultimately decide

Answer 7

Is whether defs conduct was so bad in all circumstances

Question 8

Breach of duty of care v breach of duty to act

Answer 8

Breach of Duty of care – breach is based on poor performance of a duty (Adomako)

Breach of duty to act – breached by failure to act - established that def has a duty to act and that he failed to do so.

Question 9

R v Khan

Answer 9

Woman supplying drugs to sister was held to owe a duty of care why she displayed symptoms of overdose - duty arose not because of familial relationship or her acceptance of a duty by through her supplying drugs and thus creating a dangerous situation

Question 10

R v Evans

Answer 10

Wrong to leave the jury to decide the issue of duty of care ; the existence of the duty is for the jury - duty of care arose from the supplying of heroin - she created a dangerous situation and failed to take action to reduce the risk by summoning medical assistance which would have saved her.

Question 11

Stone v Dobinson

Answer 11

Liability for failure to act could be based on common law duty arising when there is reliance