More Flashcards
R v Lowe
Must be an act cannot be an omission
R v Church
Danger can only be a risk of some or serious harm
Objective test
R v Newbury and Jones
D need not foresee of any harm
R v Lamb
If no unlawful act there is no unlawful act manslaughter
R v Rose
Obvious is more than a mere possibility that the action might be life threatening
R v Rudling
Serious isn’t the same as inability to eliminate a possibility
R v Bateman
Showing such disregard for the life and safety of others to go beyond mere compensation and amount to a crime
Robinson v Yorkshire police
Caparo test should only be applied when no existing case law
Caparo v Dickman
-3 part test testing:
Proximity
Reasonably foreseeable
Need to be fair just reasonable
R v Adomanko
Did D owe civil duty of care to the victim
Did d breach that duty of care
Did the breach of the duty of care cause death
Was d grossly negligent
R v Broughton
Same points as R v Adomanko
It needed to be foreseeable that as a result of breach there is a serious as obvious risk of death