Involuntry manslaughter- Paper 1 Flashcards
What case created GNM?
R v Adomako
4 elements of GNM from Adomako
- D must owe v a duty of care or duty to act.
- D must breach that duty which involves a risk of death.
- D’s breach must cause V’s death.
- D must be grossly negligent.
Define ‘grossly negligent’ + case
- R v Adomako
Conduct is ‘so bad’ that it amounts to a crime.
4 types of duty to act + cases
- Contractual : R v Pitwood
- Public office : R v Dytham
- Creating a dangerous situation : R v Miller
- Relationship : R v Gibbons & Proctor
- Assuming responsibility : R v Stone & Dobbinson
Voluntary assumption of care + case
- R v Evans
The assumption of care must be significant, usually where D has willingly and actively taken over the care of V.
Test to prove duty of care in a novel case
Caparo test
3 parts to the Caparo test
- Harm suffered by V is foreseeable
- Proximity of relationship between D and V
- Is it fair, just and reasonable to impose a D.O.C on D.
Rule on embarking on illegal activity together + case
-If D and V are embarking upon illegal activity together they will still owe each other a D.O.C in terms of GNM
-R v Wacker
Breach of duty + case
- When a person does/not do something that the reasonable person would/not have done
- Blyth v BW
Nettleship v Weston
Inexperience does not lower the standard of care
Bolam v Friern Barnet
being a professional does raise the standard of care, even if they are just acting as though they are a professional
Wells v Cooper
Doing DIY does not count as holding yourself out as a professional
Mullens v Richards
Age can lower the standard of care so a child will be compared to a child
