Gross Negligence & Reckless Manslaughter Flashcards by USER 1

When is gross negligence manslaughter committed?

It is committed where the defendant owes the victim a duty of care but breaches that duty in a very negligent way, causing the death of V.

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How can gross negligent manslaughter be committed?

through an act or an omission; neither of which has to be unlawful

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What is the leading case on gross negligent manslaughter?

Adomako

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What happened in the case of Adomako?

D was an anaesthetist who failed to notice that the oxygen supply to V had disconnected during surgery, V died. Conviction for gross negligent manslaughter was upheld by HOL

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D was an anaesthetist who failed to notice that the oxygen supply to V had disconnected during surgery, V died. Conviction for gross negligent manslaughter was upheld by HOL
What case is this?

Adomako

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What are the 3 requirements for the elements of gross negligence manslaughter following the case of Adomako

existence of a duty of care towards the victim
a breach of that duty of care which causes death
gross negligence which the jury considers to be criminal

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What was the duty of care in Adomako?

doctor to patient

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In the case of Adomako, Lord Mackay said that the ordinary principles of negligence in the civil law applied to whether there was a duty of care following which case?

Donoghue v Stevenson

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What 2 cases are examples of where there was a contractual duty of care?

Singh

Litchfield

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What happened in the case of Singh?

D was landlord of a property where a faulty gas fire caused death of tenants. Court of Appeal upheld conviction of manslaughter for gross negligence as there was a recognised duty.

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D was landlord of a property where a faulty gas fire caused death of tenants. Court of Appeal upheld conviction of manslaughter for gross negligence as there was a recognised duty.
What case is this?

Singh

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What happened in the case of Litchfield?

D was owner of a sailing ship, the engines of which he knew might fail. 3 ship crew members died. D owed a duty and was found guilty

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D was owner of a sailing ship, the engines of which he knew might fail. 3 ship crew members died. D owed a duty and was found guilty
What case is this?

Litchfield

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What did the COA state obiter in the case of Khan and Khan?

that duty situations could be extended to other areas

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In Khan and Khan, the COA stated obiter that duty situations could be extended to other areas, a further extension of the type of duty recognised by the courts occurred in what case?

Wacker

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What happened in the case of Wacker?

D agreed to bring 60 illegal immigrants into England. D closed the only air vent so that they would not be discovered. 58 died. Ds conviction for manslaughter was upheld by COA as he clearly assumed a duty of care

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Wacker

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What was the interesting point of Wacker?

that he victims were parties to an illegal act

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In the civil law of negligence what would the outcome of Wacker have been?

V’s could not have made a claim against D

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Why did the COA in the case of Wacker hold that for criminal law, it was irrelevant that Vs were parties to an illegal act, whereas in civil law they would not have been able to make a claim?

As they pointed out that the purposes of civil and criminal law were different and public policy demanded that Ds in this type of situation were liable under criminal law

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COA held that a duty of care can exist where D had created a state of affairs which he knows has become life threatening. In what case was this seen?

Evans

Miller

What must there be for D to have committed gross negligence manslaughter?

a breach in the duty of care causing death

How would the court decide whether D did cause a breach of duty?

through using the general rules on causation

The fact that D has been negligent is not enough to convict him of gross negligence manslaughter. The negligence has be what?

‘gross’

In what case was it first explained that it is not nough to convict him of gross negligence manslaughter. The negligence has be gross?

Bateman

What happened in the case of Bateman?

During a home birth, part of Vs uterus came away and D, the doctor did not send her to hospital for 5 days. Ds conviction was quashed as he had not been grossly negligent.

During a home birth, part of Vs uterus came away and D, the doctor did not send her to hospital for 5 days. Ds conviction was quashed as he had not been grossly negligent. What case is this?

Bateman

What did the case of Bateman involve?

negligent treatment of a patient by a doctor

In Adomako, the HOL approved of the decision in Bateman that negligence has to be gross negligence, not just negligent. They stressed that it was a matter for whom?

the jury

It is up to the jury to decide whether D has committed gross negligence manslaughter. What must they consider?

Whether the conduct of the defendant was so bad in all the circumstances as to amount, in their judgement, to a criminal act or omission.

Why have there been criticisms of the way Ds are convicted under gross negligence manslaughter?

this is because it is up to jury panels to decide the appropriate standard for 'gross' negligence which may lead to inconsistent decisions in similar cases.

In Adomako, what was not clear regarding the risk of death?

it was not clear whether there had to be a risk of death through the defendants conduct or whether the risk need only be to 'health and welfare' of the victim

In Adomako, it was no clear whether there had to be a risk of death through the defendants conduct or whether the risk need only be to 'health and welfare' of the victim . In what case was the test expressed as the risk being to the 'health and welfare' of V>

Stone and Dobinson

What was the test in Bateman?

'disregard for the life and safety of others'

In what case was the matter of whether there had to be a risk of death resolved after the previous decisions in - Adomako 'health and welfare' - Bateman 'disregard for the life and safety of others'?

Misra and another

Ds were doctors responsible for Vs post operative care and had failed to treat an infection. V died. Ds were convicted of gross negligence manslaughter as the test in gross negligence required a consideration of the risk of death. What case is this?

Misra and another

What happened in the case of Misra and another?

What are the 4 cases under the duty of care?

Adomako Singh Rogers Wacker

What are the requirements under the duty of care element for gross negligent manslaughter? (5)

- D must owe a duty of care - The civl concept of negligence applies - Covers a wide range of situations (gas fire) - May cover a duty not to supply drugs - the fact V was party to an illegal act is not relevant

What can breach a duty under gross negligence manslaughter?

an act or an omission

What are the 2 cases under where gross negligence is defined?

- Adomako | - Bateman

What is gross negligence?

D must show such a disregard for the life and safety of others as to amount to a crime. Conduct so bad in all the circumstances as to amount to a criminal act or omission

What 2 cases illustrate where there is a risk of death from Ds conduct?

- Adomako | - Misra and another

reckless manslaughter After what case was it thought that reckless manslaughter no longer existed?

Adomako

reckless manslaughter After Adomako it was thought that reckless manslaughter no longer existed, which case changed this?

Lidar

reckless manslaughter In Lidar the COA upheld Ds conviction for manslaughter even though what?

even though the judge referred to recklessness in his directions to the jury

reckless manslaughter What happened in the case of Lidar?

One of the passengers of Ds car shouted at C who then put his arms through the open window of the cars window. D drove with V half in and half out. V was dragged under the car and died. D convicted of manslaughter on the basis of recklessness.

reckless manslaughter One of the passengers of Ds car shouted at C who then put his arms through the open window of the cars window. D drove with V half in and half out. V was dragged under the car and died. D convicted of manslaughter on the basis of recklessness. What case is this

Lidar

reckless manslaughter Although in the case of Lidar the trial judge directed the jury on the basis of negligence, how else could D have been convicted?

under gross negligence manslaughter

reckless manslaughter Why could D in Lidar have been convicted under gross negligence manslaughter?

as all road users owe a duty of care to others on the road