Invol Manslaughter - GNM Flashcards
How is GNM different from UAM
UAM - can only occur through an unlawful ACT
GNM - can occur through an unlawful act or omission (negligence)
Which case decided the liability for GNM
Adomako
What is the liability for GNM as found in Adomako
Where the conduct of D was so bad in all circumstances as to amount in their judgement to a criminal act or omission
How many stages are there in GNM
5
What are the 5 stage in GNM
D must owe V a DOC
D must breach his DOC
Causing V to die as a result
Of something with a reasonably foreseeable risk of death
Ds negligence must be gross and amount to criminal negligence
What is meant by the first stage of GNM where D must owe V a DOC
Generaly there is no duty to act or DOC but in some there are: Duty to limit accidental harm (miller), duty arising from contract (Pitwood)…
Which case shows once assumption of care is taken then that duty stands - Neice failing to care for elderly aunt
Instan
Which case showed that D has a duty of care due to his job - anaesthetist
Adomako
Which case showed that the DOC laws could change easily within the next few years - drug dealers owing a DOC to consumers?
Khan and Khan
Which case shows the raised standard of care for a landlord
Singh
Which case showed assumption of responsibility when Vs safety relies upon D - transporting illegal immigrants
Wacker
Which case shows that a DOCs existence is relevant to each case and is up to the jury -involved D hierd a TP to burn his pub down
Willoughby
What is the second stage of GNM
The D must have breached his duty of care
What is meant by D having breached his duty of care
When D fails to meet the standard expected of the reasonable man
Which case showed that D fell below the standard of the reasonable man and breach their duty of care - couple neglected sister
Stone and Dobinson
Which case showed the raised standard of care for a Landlord
Singh
What is the third stage of GNM
Causing V to die as a result
What is meant by ‘Causing V to die as a result’ as the third stage of GNM
It must be proved that Ds negligence was the cause of Vs death, and that D exercised proper care the death would not have occurred
Which case showed that but for the Ds failure to hold the reins of the horse the child still would have died = not caused death
Dalloway
Which case showed that uncertainties of causation are likely to go in Ds favour and involved a drug death bf filming dying gf
Broughton
What is the fourth stage of GNM
Of something with a reasonably foreseeable risk of death
What is meant by ‘Of something with a reasonably foreseeable risk of death’
The level of negligence required if more than ordinary civil negligence and there must be an obvious risk of death to the reasonable man
Which case showed that the first establishment for GNM is ‘disregard for life and safety of others’ and involved V dying 5 days after childbirth
Bateman
Which case showed the development of GNM conviction to ‘a very high degree of negligence’ and involved careless driving on the wrong side of the road
Andrews v DPP
Which case showed that for a GNM conviction the courts were unsure which ratio to use from Bateman or Andrews v DPP
Adomako
Which case came up with the modern establishment for GNM for reasonable risk of death
Singh
What is the modern establishment for GNM for reasonable risk of death
Where the reasonable person would have foreseen a serious and obvious risk not merely not injury, even serious injury, but of death
What is the last stage of GNM
The Ds negligence must be gross to amount to criminal negligence
What is it meant by ‘The Ds negligence must be gross to amount to criminal negligence’
Defined by common law
Where the actions/ omission is bad enough to be labelled as ‘gross’
Which case showed the jury were not satisfied that D had enough disregard for life after a scout boy fell to his death on Snowdon due to negligent leader
Finlay
Which case shows Ds were criminal negligent but recieved no punishment as seeing your child die in front of them was enough punishment
Edwards
Which case showed that the test for GNM involved consideration of risk of death where doctors failed to treat post-op infection
Misra and Srivastava
Which case showed that the test for GNM involved consideration of risk of death where there was a risk of death from faulty tyre
Yaqoob
Which case showed the GNM required a very high degree of negligence and involved the jury not being given any direction
Sellu
Which case showed that the jury were correctly directed compared to Sellu
Bawa Garba
