Gross negligence manslaughter
- 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
- Lord Mackay - says jury should consider:
- 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.
- 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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