Gross Negligent Manslaughter

Question 1

What cases set out Gross Negligent Manslaughter?

Answer 1

Adomako, confirmed through R v Broughton

Question 2

What are the six points of Gross Negligent Manslaughter?

Answer 2

1+2 Duty of care + breach causing death
3+4 Serious and obvious risk of death foreseeable at breach
5 Causation
6 Breach so negligent warrants criminal conviction

Question 3

What cases relate to the first point of Gross Neg Manslaughter? (5)

Answer 3

Adomako
R v Walker
R v Evan’s
R v Kuddas
R v Winter & Winter

Question 4

Adomako?

Answer 4

Anaesthetist failed to monitor oxygen supply - breached DOC

Question 5

R v Wacker?

Answer 5

Suffocated immigrants in container, did not matter they where in joint criminal enterprise

Question 6

R v Evan’s?

Answer 6

Supplied heroin chose not to seek medical assistance contributed to state of affairs

Question 7

R v Kuddas?

Answer 7

Owe duty of care for food allergy if made aware

Question 8

R v Winter and Winter?

Answer 8

Failed to warn fire brigade of dangerous fireworks

Question 9

What cases relate to the second point of Gross Neg Manslaughter? (2)

Answer 9

R v Warner
R v Broughton

Question 10

R v Warner?

Answer 10

School care taker failed to replace barrier in fence - child fell to death - breached DOC

Question 11

R v Broughton?

Answer 11

Failure to seek medical care not enough to establish liability

Question 12

What cases relate to points 3+4 of gross negligent manslaughter?

Answer 12

R v Misra and Srivastava
R v Rose

Question 13

R v Misra and Srivastava?

Answer 13

Doctors responsible for patients post operative care failed to diagnose infection lead to death - serious and foreseeable at time of breach

Question 14

R v Rose?

Answer 14

Risk of death needs to be obvious not found under further investigation

Question 15

What points relate to point 5 of Gross neg manslaughter?

Answer 15

Factual causation
Legal causation

Question 16

What is factual causation?

Answer 16

R v White confirms But For test

Question 17

Three points of legal causation?

Answer 17

Substantive and operative cause
Interviewing events
Thin skull test

Question 18

What two cases relate to the substantive and operative cause?

Answer 18

R v Smith
R v Cheshire

Question 19

R v Smith?

Answer 19

Was original would cause of death?

Question 20

R v Cheshire?

Answer 20

Shot died of tracheotomy, shot still cause of death

Question 21

What two cases relate to intervening events?

Answer 21

R v Paggett
R v Mohammed

Question 22

R v Paggett?

Answer 22

No break in chain of causation shot police they shot back

Question 23

R v Mohammed?

Answer 23

No break foreseeable old tire would blow out

Question 24

What case relates to the thin skull test?

Answer 24

R v Blaue

Question 25

R v Blaue?

Answer 25

Have to take victim as found them

Question 26

What three cases relate to the sixth point of Gross Neg Manslaughter?

Answer 26

R v Bateman
Attorney Generals Reference 2000
R v Lidar

Question 27

R v Bateman?

Answer 27

Showed such disregard for the life and safety of others to amount to crime against state

Question 28

Attorney Generals Reference 2000?

Answer 28

Jury can convict if conduct was sufficiently negligent

Question 29

R v Lidar?

Answer 29

Aware of degree of risk chose to ignore it