Gross negligent manslaughter Flashcards
what were the 6 rules set our by r v broughton
1- must owe a duty of care
2- breach of duty
3-serious and obvious risk of death
4-reasonably foreseeable
5- significant contribute to death
6- breach justifies criminal sanction
what is the first point of GNM
must owe a duty of care
R v Ademako
Owed a duty of care for patient as doctor but failed
R v wacker
owed a duty of care , coudnt rely on joint agreement
R v kuddas
owed a duty of care to the customer knew about the party
what is the second point of GNM
breach of duty of care
R v warner
breached his duty of care to the customer failure to replace barrier , was irresponsible
What is the third and fourth point of GNM
3- serious and obvious risk of death
4- foreseeable
r v rose
risk of death needs to be obvious one that can be found under further investigation
R v Misra and srivastava
forseeable of time as breach created a risk of death , lack of procedure
what is the fith point of GNM
breach and causation
what is needed for causation
factual and legal
case for factual causation
R v white- but for test
legal causation
operative cause- r v smith
intervening event- r v pagget
think skull test- take victim as u find them
what is point 6
breach is so grossly negloigent it warrant criminal conviction
