gross negligence manslaughter
- Created by: natalia ailoaie
- Created on: 13-03-23 14:59
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- GNM- D breached a duty that causes death and that breach was grossly negligent- adomako
- 1. duty of care
- caparo-damages to v must be reasonably foreseeable, proximity between v and d, must be fair just and reasonable to impose a duty of care
- r v pittwood- contractual duty
- gibbons and proctor- relationship duty
- dytham- public office
- miller- creating dangerous situations
- stone and dobinson-voluntary assumption of care
- r v evans- d has willingly and actively taken over the care of v
- 2. breach of duty
- Blyth v bw- falling below the standard if care expected of the reasonable person
- age can lower standard of care- mullin v Richards
- professionals are compared with professionals- Bolam
- inexperience doesn't lower the standard of care- nettleship v Weston
- risk factors
- precaution - reasonable man will take precautions according to the size and risk of the harm-latimer
- size- less precautions when the size is lower- miller v Jackson
- seriousness- more precautions when the seriousness is higher- Paris v sbc
- benefits- when the benefits outweighs the risks- watt v hcc
- the breach must involve a risk of death- Misra
- a reasonable person must foresee this risk- Lewin v cps
- Blyth v bw- falling below the standard if care expected of the reasonable person
- 3. causing death ( causation)
- 4. gross negligence
- adomako- d's conduct must be so bad, in all circumstances as to amount the crime
- 1. duty of care
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