Gross negligent manslaughter- breach of duty that is gross and deserving of punishment

Question 1

What is meant by a breach of duty that is ‘gross’ and deserving of punishment?

Answer 1

-‘went beyond a meere matter of compensation’

Question 2

What is meant by a general breach of duty?

Answer 2

‘fallen below the standard of an ordinary, reasonable man’

Question 3

What is up to the jury to decide?

Breach of duty

Answer 3

-DID CONDUCT DEPART FROM …
…PROPER STANDARD OF CARE

Question 4

Which cases go with serious breach of duty?

Answer 4

-R V Batemen
R V Adomako
-R V Broadhurst
-R V Becker

Question 5

R V Broadhurst

Answer 5

breach was truly and exceptionally bad and so reprehensible …

that it amounts to gross negligence and required criminal sanctions

Question 6

R V Bateman *

Answer 6

-Went beyond a mere matter of compensation
-disregard for life and safety of others that amount to a crime deserving of punishment.

Question 7

R V Becker

Answer 7

-NG had not fallen below the standard of an ordinary reasonable doctor.

Question 8

What is important and must be done in an exam question?

Answer 8

-choose when the breach has taken place
-ask whether it has caused the death