Gross Negligence Manslaughter
- Created by: rkb1997
- Created on: 18-04-16 10:15
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- Gross Negligence Manslaughter
- 1) Duty of Care
- Arises out of a positive act (Donoghue v Stevenson)
- Arise out of omission
- Duty to summon medical assistance (Khan)
- (Evans) Duty to counteract the situation created by is supply of drugs
- Prior involvement
- control of environment
- prior friendship
- Arise out of omission
- Arises out of a positive act (Donoghue v Stevenson)
- Breach
- Blythe v Birmingham Waterworks
- Reasonable man and Risk Factors
- Breach must bring a risk of death (Singh)
- Omissions- Had D fulfilled their duty, it was probably the victim would survive (Misra and Srivatava)
- Blythe v Birmingham Waterworks
- Untitled
- Untitled
- Jury consider whether the breach of duty should be characterised as gross
- So bad in all circumstances as to amount in their judgement to a criminalact (Adomako) Or Reprehensible ( Misra)
- 1) Duty of Care
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