Gross Negligence Manslaughter

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  • 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
    • 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)
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    • 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)

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