Involuntary Manslaughter - Gross Negligence Flashcards
All steps?
1) Duty of care
2) Breach of duty
3) Gross negligence
4) Risk of death
5) Causation
6) Conclusion
Intro is…?
Act + defintion
Act for GBH?
None
Definition of + case?
None
Step 1?
Duty of care
Intro + 2 things for step 1 + cases?
Intro - (Adomako) Neighbour principle from (Donoghue v Stevenson) - Duty owed to anyone closely or directly affected by acts or ommisions.
Can be a pre existing duty.
B) Pre existing (Robinson) or obvious duy of care. - Apply the relavant obvious duty.
OR
If new novel situation through (Caparo v Dickman) :
A) Harm/damage is reasonaby forseeable (Kent v Griffiths)
B) Proximity - time, space/relationship
C) Just, fair and reasonable (Mulcahy v MOD)
What is Step 2?
Breach of duty
2 things for step 2 + cases?
A) Reasonable man test applies - D judged against standard of reasonable man doing same activity.
B) Court considers what D was expected to do and whether they failed to do so/did this to a poor standard.
(Singh) Faulty gas fire caused deaths.
(Wacker) Fails to provide oxygen to immigrants in the back of a lorry.
Step 3?
Gross Negligence “So bad in all circumstances as to amount, in the jurys judgement, to a criminal act or omission” (Adamako)
(Singh) “judge held that the reasonable prudent person would have forseen a serious and obvious risk not merely of injury but of serious injury.
Step 4?
Risk of death
2 things for step 4 + cases?
A) Clear and obvious death (Misra + Srivastava)
B) Doctors did not notice clear signs of blood poisoning (M + S)
Step 5?
Causation
4 things needed for step 5?
A) Factual - “but for” (White)
B) Legal - Ds breach contributedd to death more than minimall and was the operating + substantiating cause of Vs death. (Smith)
C) Chain of causation must not be broken by an intervening act. (Chesire)
If applicable:
D) thin skull rule (Blaue)
Step 5?
D is/is not criminanlly liable for Gross Negligence Manslaughter.
