gross negligence
- Created by: Emma-Cargillxx
- Created on: 02-06-17 18:21
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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
- Lord Atkin said you must take care to avoid acts or omissions which you can reasonably forsee would be likely to injury your neighbour
- 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
- 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
- The Breach must amount to gross negligence
- 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
- 1. A duty of care to the victim
- Adomako sets out the requirements for gross negligence manslaughter
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