Involuntary Manslaughter - Gross Negligence Flashcards
1
Q
What is Gross Negligence Manslaughter
A
R v Adomako :
- D owed a duty of care to v
- an act / om breached duty
- that breach caused that death
- so bad it’s gross (criminal)
2
Q
How is a duty of care owed
A
Caparo v dickman test
3
Q
Cases which show duty of care owed
A
- R v Singh : duty to manage and maintain
- R v litchfield : duty for safety of crew members
- R v khan khan : ‘obiter’ duty situations could be extended
- R v Edwards : parents owed duty to kids
- R v wakers : others safety depends on D’s actions
4
Q
Case showing duty not owed
A
R v Finlay : D’s omission considers not so bad as to be criminal
5
Q
Examples of a breach of duty causing death
A
- R v Bateman: gross negligence
- R v misra: must be an obvious risk of death
- R v Dias: might have duty not to supply (illegal drugs)
6
Q
What’s the Mens rea for so bad it’s gross
A
No mens rea D judged objectively
7
Q
Types of omissions
A
- duty cause of a relationship
- duty because of a contractual duty
- duty taken on voluntarily
- duty through one’s official position
- a statutory duty
- duty which arises because of a set chain of events
