Gross Negligent Manslaughter Flashcards
What cases set out Gross Negligent Manslaughter?
Adomako, confirmed through R v Broughton
What are the six points of Gross Negligent Manslaughter?
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
What cases relate to the first point of Gross Neg Manslaughter? (5)
Adomako
R v Walker
R v Evan’s
R v Kuddas
R v Winter & Winter
Adomako?
Anaesthetist failed to monitor oxygen supply - breached DOC
R v Wacker?
Suffocated immigrants in container, did not matter they where in joint criminal enterprise
R v Evan’s?
Supplied heroin chose not to seek medical assistance contributed to state of affairs
R v Kuddas?
Owe duty of care for food allergy if made aware
R v Winter and Winter?
Failed to warn fire brigade of dangerous fireworks
What cases relate to the second point of Gross Neg Manslaughter? (2)
R v Warner
R v Broughton
R v Warner?
School care taker failed to replace barrier in fence - child fell to death - breached DOC
R v Broughton?
Failure to seek medical care not enough to establish liability
What cases relate to points 3+4 of gross negligent manslaughter?
R v Misra and Srivastava
R v Rose
R v Misra and Srivastava?
Doctors responsible for patients post operative care failed to diagnose infection lead to death - serious and foreseeable at time of breach
R v Rose?
Risk of death needs to be obvious not found under further investigation
What points relate to point 5 of Gross neg manslaughter?
Factual causation
Legal causation
What is factual causation?
R v White confirms But For test
Three points of legal causation?
- Substantive and operative cause
- Interveining events
- Thin skull test
What two cases relate to the substantive and operative cause?
R v Smith
R v Cheshire
R v Smith?
Was original wound cause of death?
R v Cheshire?
Shot died of tracheotomy, shot still cause of death
What two cases relate to intervening events?
R v Paggett
R v Mohammed
R v Paggett?
No break in chain of causation shot police they shot back
R v Mohammed?
No break foreseeable old tire would blow out
What case relates to the thin skull test?
R v Blaue
R v Blaue?
Have to take victim as found them
What three cases relate to the sixth point of Gross Neg Manslaughter?
R v Bateman
Attorney Generals Reference 2000
R v Lidar
R v Bateman?
Showed such disregard for the life and safety of others to amount to crime against state
Attorney Generals Reference 2000?
Jury can convict if conduct was sufficiently negligent
R v Lidar?
Aware of degree of risk chose to ignore it
