Gross Negligent Manslaughter Flashcards
What is the leading case?
Adomako (set the precedent)
D was an anaesthetist who negligently failed to spot oxygen tube supply disconnecting from V for 9 minutes. D’s failure was labelled as “abysmal” and doctor was convicted of GN manslaughter.
=”a risk of death to patient, was such that it should be judged as criminal”
What are the 4 key elements to Gross Negligent manslaughter?
1) Duty of care between D and V
2) Breach of duty between D and V
3) Damage (breach must cause death)
4) Grossly negligent
Can be GN manslaughter be through an act or an omission?
Both
What was confirmed in Adomako by Lord Mackay LC?
the ordinary principles of civil negligence apply to help whether a duty exists and that it has been breached, with such principles first being established in Donoghue v Stevenson with the creation of the Neighbour Principle
When can an omissions led to GNM?
When D was under a duty to act. The 6 common duties are:
-contractual duty
-creating a dangerous situation
-Statutory Duty
-Relationship duty
-Voluntary assumed duty
-public office duty
What happened in the case of Singh?
D was convicted of GN manslaughter. D was a landlord who failed to manage the property and faulty gas fire led to tenants deaths. D had breached his contractual duty to manage and maintain the property
What happened in the case of Evans?
D convicted of GN manslaughter. After breaching duty owed after creating a dangerous situation and failing to attempt to rectify it. D created a dangerous situation for half sister after giving her drugs, V then self- injected and then lost consciousness, D put her to bed, however V later died
What happened in the case of Zaman?
First manslaughter conviction following sale of food.
(D owner of a restaurant, switched almond powder for a cheaper ground nut mix which contained peanuts, resulting in V having an allergic reaction and dying. D was convicted.
What happened in the case of Heath?
Duty out of relationship breached. Young boys inhaler had been reused as a crack pipe by mother. Young boy later had an asthma attack and died.
How is breach of duty established?
Jury objectively consider what a competent person what have done it that situation (R.P test)
How is causing the death determined?
Through establishing factual and legal causation
How is “gross” negligence determined?
Up to the jury, this is the MR element that now makes up the criminal offence
What was the view in the case of Adomako regarding what “gross” negligence is?
“D’s conduct departed from the proper standard of care, involving a risk of death… was such that it should be judged as criminal”
What was said in Doherty regarding the concept of “gross negligence”?
it is “culpable negligence of a grave kind”
What case tried to argue that the circularity of GN manslaughter breached article 7 ECHR due to the fact that no one shall be convicted of a crime on account of an act or an omission which did not amount to a criminal offence at the time it was committed?
Misra and Srivastava
However, CA upheld convictions stating that it is not incompatible with the ECHR. Stating that the law of GN manslaughter is clear.
