gross negligence

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  • Gross Negligene
    • Adomako sets out the requirements for gross negligence manslaughter
      • Defendant was an anaesthetist, was in charge of victim during the eye operation, an oxygen pipe disconnected caused the victim to suffer a heart attack and die
    • For gross negligence manslaughter there must be...
      • 1. A duty of care to the victim
        • Duty of care must be established. Lord Mackay said ordinary principles of negligence should apply when determining existence of duty of care existed and breach
          • Lord Atkin said you must take care to avoid acts or omissions which you can reasonably forsee would be likely to injury your neighbour
            • Your neighbour is someone who is closely and directly effected by your acts
          • Stone & Dobinson = taken on voluntary. Singh = duty to maintain property. Khan & Khan = duty to summon medical evidence. Hacker = fact the victim is part of a criminal act is irrelevant
      • 2. Breach of the duty of care which causes death
      • 3. Negligence which the jury considers to be sufficiently gross to be criminal
      • 4. Gross Negligence was a substantial cause of the death of victim
        • The Breach must amount to gross negligence
          • Negligence is not enough
        • Bateman
          • Negligence is gross when it goes beyond a matter of mere compensation, and showed such disregard for the life and safety of others as to amount to a crime deserving punishment
      • Misra = confirmed it was not clear whether a risk of death was needed. Misra confirmed that it must be a risk of death & confirmed the requirement as stated in Adomako

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