Involuntary Manslaughter

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GNM Background

  • Involuntary manslaughter is the unlawful killing of a human being without malice aforethought
  • GNM is based on Adomako which establishes a three part test to determine whether D is guilty
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Duty of Care

  • D must owe V a duty of care as in Caparo v Dickman where a three part test establishes DOC
  • Injury must be RF as in Jolley
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Proximity

Must be proximity in terms of time, space or relationship
Omissions:
1) Family Relationship as in Gibbons and Proctor
2) Contractual Duty as in Pittwood
3) Voluntarily took on a duty as in Stone v Dobinson
4) Created a dangerous situation as in Miller
5) Statute as in Dytham

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FJR

  • It must be fair, just and reasonable to impose a duty as the floodgates will not be opened as in Capital and Counties
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Reasonable Man

  • Reasonable person- would they have acted in the same way? Blyth
  • Compared to another competent professional- Bollom 
  • FC, LC
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Grossly Negligent

  • Jury must consider whether the doctor was grossly negligent- Bateman, Adomako
  • Beyond a matter of mere compensation and deserving of criminal punishment as in Edwards
  • Clear risk of death as in Misra and Svivastara
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