Gross negligent manslaughter- risk of death& causation Flashcards
What is meant by a risk of death?
‘A serious and obvious risk of death’
Which cases go with a risk of death?
-R V Singh
-R V Misra
-R V Broadhurst
R V Singh
-a reasonably prudent person would have foreseen a serious and obvious risk of death
Tenant died of carbon monoxide poisoning.
R V Misra
there must be an objective risk of death, there usually is because someone has died.
R V Broadhurst
‘Risk of death must be striking, apparent and glaring’
For all result crimes what must be established?
Causation.
What does the question of causation ask?
‘did the breach cause the result or substantially contribute’
Which cases go with causation?
-R V Broughton
-R V Carey
R V Broughton
-was the failure to obtain medical assistance the reason for death.
-Or would the V have died regardless?
R V Carey
-The actions of the Defendant do not need to be the sole cause of death, so long as not a trivial cause