Gross Negligent Manslaughter Flashcards
What case created gross negligent manslaughter?
Adomako
What case brought about the 6 points?
R vs Broughton
What are the 6 points from R vs Broughton?
- The defendant must owe a duty of care to the victim
- The defendant must breach that duty of care
- At the time of the breach there must have been a serious and obvious risk of death
- The risk of death must be reasonably foreseeable at the time of the breach
- Breach must cause death
- The breach was so grossly negligent that it warrants a criminal conviction
What are the cases for point 1 ‘defendant must owe a duty of care’?
Adomako
R vs Wacker
R vs Evans
R vs Kuddus
What is the POL from Adomako?
Anesthetist owes patient a duty of care
What is the POL from R vs Wacker?
He smuggled immigrants and therefore owed them a duty of care, can’t rely on joint criminal enterprise
What is the POL from R vs Evans?
Contributed to the state of affairs so he owed a duty of care
What is the POL from R vs Kuddus?
Restaurant owner knew of allergy so he owed a duty of care
What is the case for point 2 ‘defendant must have breached the duty of care’?
R vs Warner
What is the POL from R vs Warner?
Didn’t replace the rail so he breached his duty of care when a kid died and was ‘thoroughly irresponsible’
What are the cases for point 3 and 4 ‘there was a serious and obvious risk of death that was foreseeable at the time of the breach’?
R vs Rose
R vs Misra and Srivastava
What is the POL from R vs Rose?
Risk of death needs to be obvious
What is the POL from R vs Misra and Srivastava?
Failure to diagnose created a serious risk of death
What do you have to include for point 5 ‘breach must cause death’?
Factual causation
Legal causation
What is factual causation and the case?
‘But for’ test
R vs White
What is the POL from R vs White?
‘But for’ the defendant’s actions his mum would’ve died anyway from a heart attack
What are the 3 parts to legal causation?
Operative and substantive cause of death
Intervening acts
Thin Skull test
What is the case for operative and substantive cause of death?
R vs Smith
What is the POL from R vs Smith?
The medical negligence didn’t overwhelm the stab wound, which remained as the operative and substantive cause of death
What is the case for intervening acts?
R vs Muhamed
What is the POL from R vs Muhamed?
Driving an old car and it is forseeable that damage may occur so tyres blowing out isn’t an intervening act
What is the case for the thin skull test?
R vs Blaue
What is the POL from R vs Blaue?
The defendant doesn’t need to know of their victim’s pre-existing conditions and they have to take their victim how they find them
What are the cases from point 6 ‘the breach was so grossly negligent that it warrants a criminal conviction’?
R vs Bateman
Objective test
Attorney General’s Reference (No.2 of 1999) 2000
R vs Lidar
What is the quote from R vs Bateman?
‘The negligence of the accused went beyond mere compensation and they showed such disregard to the life and safety of others’
What is the objective test?
The jury has to consider whether the person’s conduct fell below that of a reasonable person, considering:
Defendant’s thoughts
Defendant’s acts/omissions
Reasonable person’s thoughts
What is the POL from Attorney General’s Reference (No.2 of 1999) 2000?
Jury can convict where they find the conduct has been sufficiently negligent to justify criminal liability
What is the POL from R vs Lidar?
Driver was reckless and jury decided he was negligent enough to be convicted
