Gross Negligent Manslaughter- introduction+ duty of care Flashcards
What is the gross negligent manslaughter structure?
1- duty of care
2-Gross breach of duty that causes the death.
3-An obvious risk of death
4-Causation
What is the introduction for GNM?
To begin, the law of gross negligent manslaughter may apply…
-Comes under involuntary manslaughter
-Common law offence
-discressionary life sentence
-so grossly negligent that they go beyond civil courts and are worthy of punishment.
Which case defines gross negligent manslaughter?
R V Adomako
What should be mentioned in regard to duty of care?
-can be obvious in situations like doctor to patient, teacher to student
What is meant by a duty of care?
-established using the civil neighbour principle from Donoghue v Stevenson
-You owe a duty of care to ‘persons so closely and directly affected by … my acts or omissions’.
Which cases go with duty of care?
-R V Winter
-R V Khan
-R V Litchfield
-R V Edwards
-R V Whacker
-R V Evans
-R V Kite
-R V Willoughby
+the five diuty situations and thier cases.
R V Kite
-allowed canoe trip in bad conditions- 4/6 dead.
-self evident DOC.
R V Willoughby
-Appellant got V to burn down pub for insurance- building collapsed on V
-a person going out on a criminal enterprise can owe a duty of care to their colleague
R V Evans
-Mother gave herion to V- she took and overdosed- m&V did not seek medical assistance in fear of trouble.
-If D becomes aware of a dangerous situation which they created then a duty of care will arise.
R V Whacker
-transporting illegal immigrants- left air vent closed.
-there is a duty of care involved in those involved in a criminal enterprise.
R V Edwards
-7 year old on playing on railway bridge- parents promised to warn if train coming- did not see.
-Statutory duty of care- parent-child.
R V Litchfield?
-captain of ship sailed too close to rocks and killed employees.
-An employer owes a duty of care to employees.
R V Khan
-Gave too much herion to inexperienced user- coma- left.
-would they be alive if they had medical treatment?
-duty of care by drug dealers
-NG on a technicality/ left open guilty verdict.
R V Winter
-The D was storing fireworks illegally. A fire happened and fireworks exploded and resulted in the death of a fireman- didn’t tell firemen.
-You have a duty to properly inform the emergency services.
What is an anogram to remember duty of care cases?
-Wild
-Kangaroos
-Leap
-Everywhere
-wild
-elephants
-kidnap
-women
