Gross negligence manslaughter

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  • Created by: azdw
  • Created on: 06-01-16 22:54
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  • Gross negligence manslaughter
    • Where D causes death without committing unlawful act - killing by gross negligence
    • What is GNM?
      • R v Adomako - D was anaesthetist - during operation V died because oxygen tube fell out and D failed to notice very obvious signs. Held owed duty of care.
        • Lord Mackay - says jury should consider:
          • 1. extent to which Ds conduct departed from standard of care required by him
          • 2. which involved death of patient
          • 3. was such that it should be judged criminal not tortious
    • General principles of liability in negligence
      • 1. R v Singh - D looked after house while father away. Boiler faulty. Father died. Held duty of care owed
      • 2. R v Toni Brown - stabbing had occurred. D prevented ambulance being called. Held duty owed.
      • 3. R v Wacker - D lorry driver carrying 50+ illegal immigrants. Shut vent in back of lorry. All died. Held duty of care owed even despite ex turpi (criminal act in first place)
      • 4. R v Evans - D supplied drugs to 17yo step sister. Fell into coma. Didn't call for help. Died. Held duty owed - R v Miler - created dangerous situation and failed to take steps to prevent harm.
    • Lewin v CPS - D and V had been out drinking. V got very drunk. D drove them both home. V so drunk that D could not remove from car, so left v in there with no windows opened. V died. Held no duty - V human not dog. Reasonable person would not foresee death and would have assumed V would have come in once woken up.
    • AGs reference 2000 3 ALL ER 182 - Ds state of mind immaterial

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