Involuntary Manslaughter: (Gross Negligence)

Question 1

5 elements

Answer 1

1. Duty of care
2. Breach of Duty
3. Causes death
4. Men’s rea
5. Risk of death

Question 2

Principle which states that people have a duty of care for those around them

Answer 2

Neighbour Principle (Donoghue v Stevenson)

Question 3

Contractual Duty of Care

Answer 3

Pittwood

Question 4

Duty of Public Office

Answer 4

Dytham

Question 5

Voluntary Duty of Care

Answer 5

Stone and dobinson

Question 6

Breach of care

Answer 6

Reasonable man of the same skill and expertise

Question 7

Causation

Answer 7

In law, in fact, NAI

Question 8

Gross negligence rule

Answer 8

“So bad it amounted to a criminal offence”

Question 9

Gross negligence case

Answer 9

Adomako - Anesthetist who failed to reconnect a detached oxygen tube during eye op within several mins. Competent anaesthetist would realise within 15 secs

Question 10

Risk of death case

Answer 10

Misra - V had a knee operation and the aftercare doctors failed to treat v for infection. Convicted of gross negligence

Question 11

Suggested reform

Answer 11

Two categories of killing: reckless killing and killing by gross carelessness.

Emphasis from law commission that risk of death must be present.