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