IM: Gross Negligence Flashcards

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1
Q

involuntary manslaughter def

A

an unlawful killing where the d does not have the mr for murder (malice aforethought)

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2
Q

Adomako

A
  • set out 5 elements

- approved def in Bateman

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3
Q

Singh

A

1) d must have owed v a DoC

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4
Q

Donoghue v Stevenson

A

1) based on the law of tort, first defined here

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5
Q

Evans

A

1) states a DoC applies “wherever d’s conduct carries a foreseeable risk to those around them”

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6
Q

Wacker

A

1) a Doc can still be owed in criminal activity

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7
Q

Stone and Dobinson, Gibbons and Proctor

A

1) a duty to care for someone, assumed voluntarily

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8
Q

Pittwood

A

1) a contractual duty

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9
Q

Miller

A

1) duty to deal with a dangerous situation

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10
Q

Blyth v Birmingham Waterworks

A

2) d must have breached the DoC by falling below the r person SoC

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11
Q

Bolam v Friern Barnet HMC, Montgomery v Lanarkshire

A

2) d’s c’s: professionals

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12
Q

Nettleship v Weston

A

2) d’s c’s: learners

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13
Q

Mullins v Richards

A

2) d’s c’s; children

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14
Q

Bolton v Stone

A

2) RF’s: size of risk of harm

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15
Q

Paris v Stepney

A

2) RF’s: special c’s, serious potential inury

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16
Q

Latimer v AEC Ltd

A

2) RF’s: cost & practicality of reducing risk

17
Q

Watt v Hertfordshire

A

2) RF’s: public benefit

18
Q

White, Pagett

A

3) factual causation

19
Q

Smith, Pagett

A

3) legal causation

20
Q

Misra & Srivastava

A

4) serious & obvious risk of death, and death did result

21
Q

Bateman

A

5) gross negligence- where the n was such to make the d criminally liable
- defined as “conduct so bad in all circumstances as showing such disregard for the life and safety of others as to amount to a crime”

22
Q

GN checklist

A
  • IM def A
    1) DoC S, DvS, E
  • IR: criminal (W), omission S&D, G&P, M, P
    2) breach: d’s c’s & RF’s BvBW BvFBH,MvL,NvW,MvR BvS,PvS,LvAEC,WvH
    3) causation W/P, S/P, C, R, P, C, J, B
    4) risk of death M&S
    5) gross def B, A