Gross Negligence Manslaughter

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  • Created by: Janki
  • Created on: 08-12-14 10:52
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  • Gross Negligence Manslaughter
    • A death is caused by the conduct of the defendant which is so grossly negligent as to be criminal
    • Duty of Care
      • Evans - a duty can exist when D has created a state of affairs which he knows or is ought to reasonably foresee has become life threatening
      • Stone and Dobinson - criminally negligent when breaching voluntary duty of care
      • Singh and Litchfield - contractual duty
      • Khan & Khan - obiter statement; could be a duty to summon medical assistance in some circumstances
      • Wacker- duty still owed to those who D is complicit in a crime
    • Breach of Duty
      • The actions of D must have fallen below the standard of a reasonable person carrying out the activity
    • Grossly Negligent
      • Bateman - the negligence must be 'gross' and 'show such disregard for the life and safety of others as to amount to a crime'
      • Adomako - so bad in all the circumstances
      • Finlay - D's conduct did not show such disregard for the life and safety as to amount to gross negligence
      • Simpson - jury didn't believe the conduct was so grossly negligent as to amount to a crime
      • Edwards - parents had ignored obvious and serious danger or had decided to take the risk
    • Risk of Death
      • Did the actions of D cause a risk of death to V?
        • Misra v. Srivastava - the negligence was a substantial cause of death of V

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