Gross negligence manslaughter and consent

View mindmap
  • Gross negligence manslaughter
    • Duty of care
      • Act= civil test- Caparo- industries plc V Dickman- a)reasonably foreseeable harm b) proximity between C and D in time, space and relationship c)fair and reasonable to impose duty
      • Omissions= criminal test- Khan and Khan- may be criminally liable for failing to get help
      • Donoghue V Stevenson- neighbour principle, must take care to avoid acts or omissions reasonably foreseeable to likely injure neighbour
      • Duty where D committed a crime- Wacker- DoC established even if D was carrying out a crime
      • Evans- didn’t have familiar DoC but supplying the drug is creating a dangerous situation and failing to rectify it
    • Breach
      • Acted a reasonable man?-obvious risk of death- Mirsa- breach of DoC must create risk of death, risk of injury is NOT enough
    • Causation
      • But for- White
      • Legal- operating and substantial?- Kimsey
    • MR
      • Gross negligence- Adomako- ordinary principle of negligence apply even if D had not breached DoC
      • Bateman- went beyond a mere matter of compensation between subjects and showed such disregard for life and safety of others to amount to a crime
      • Lichfield- up to jury to decide if negligence is gross even if negligently endangering a ship is a statutory offence


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »