Involuntary Manslaughter - Gross Negligence Flashcards
Where does gross negligence manslaughter derive?
From Lord Mackay’s obiter in R v. Adomako.
What is GNM based upon?
The civil tort of negligence.
Who decides whether a duty of case is owed? Give a case to support this.
The Judge will decide. R v. Wacker - public policy decision to not allow the principle of ex turpi causa.
What did R v. Kahn and Kahn establish?
Pimps do not owe a duty to prostitutes.
What did CPS v. Lewis establish?
Friends do not owe a duty to friends.
What was seen in R v. Becker?
The doctor’s erroneous prescription of drugs did not fall below the standard of the ordinary reasonable doctor.
Which did R v. Singh establish?
The test for risk of death is would a reasonable and sober man have foreseen death?
What is the mens rea for GNM?
The mens rea is to show such disregard for the life and safety of others that he is deserving punishment - R v. Bateman.
