Involuntary Manslaughter- Gross Negligence Flashcards
What is the definition of involuntary manslaughter- gross negligence?
Comes under the ruling of R V Adomako
“ A person will be found guilty if:
1) D owed a duty of care towards the victim
2) Breach of duty caused the death of the victim
3) Negligence must be gross
What is meant by duty of care?
If an existing duty doesn`t exist such as doctor, driver etc then the Caparo test will be used
Can be committed by act or omission
What is the Caparo 3 stage test?
1) Reasonable forseeability of harm
2) Proximity of relationship
3) Just, Fair and Reasonable to impose duty of care
What is meant by reasonable forseeability of harm?
Would the ordinary person reasonably foresaw their actions or omissions carry a risk of harm to another?
What is meant by proximity of relationship?
Is the victim a class of person who is likely to be directly effected by the acts, or omissions, of the defendant?
What is meant by fair, just and reasonable?
Where injury is likely to occur, it will be just, fair and reasonable to impose a duty of care.
If the defendant creates the risk, or adds to an already existing risk, then it will be just, fair and reasonable to impose a duty of care.
What is an extension of duty of care?
There will be no duty owed if parties are carrying out unlawful activities
R V Wacker
R V Winter
R V Willoughby
What is meant by breach of duty?
Defendants conduct must fall below the standard of care of the reasonable person in those circumstances
Experts will be held to a different standard- judged by the standard of an expert in that field
What are the rules of causation surrounding the breach of duty?
General rules applyy
What is meant by gross?
Negligence must be gross to suffice
R V Bateman- negligence goes beyond mere compensation and shows disregard for safety and life to others to amount
R V Adomako- conduct so bad in all circumstances to amount to act or omission
What is the confirmation of the gross test?
Adomako confirmed ruling in Bateman
Leaves jury to decide whether conduct was so bad to amount for criminal punishment
What is meant by risk of death?
Legal Principle- Not enough to show there was risk to bodily injury or injury to health
, the test is whether there is a risk of death for negligence to be considered gross
R V Misra and Srivasta
