INVOLUNTARY MANSLAUGHTER : Gross Negligence Manslaughter & Unlawful Act Manslaughter Flashcards
(FATAL OFFENCE AGAINST THE PERSON)
1
Q
What is Gross Negligence?
A
Is a offence where the death was caused by the D gross negligence, rather than deliberately.
2
Q
R v Adomako
established that…
A
1) There must be a duty of care owed to the V
2) There must be a breach that causes the death
3) There must be gross negligence that is so bad it’s considered criminal by the jury
3
Q
R v Singh
-contractual duty
A
Doctor-patient duty of care or other duty from a person in a public position.
4
Q
Neighbour principle test
A
- Can be used if there is no obvious duty of care owed
5
Q
R v Wacker
A
A duty