INVOLUNTARY MANSLAUGHTER (2)

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GROSS NEGLIGENCE MANSLAUGHTER: Adamko; elements of GNM

  • D must owe V a duty of care or duty to act 
  • D must breach that duty (which invloves a risk of death)
  • D's breach must cause V's death
  • D must be grossily negligent - 'conduct is so bad it amounts to a crime'

1) DUTY: Caparo V Dickman; 3 part test. a) harm was reasonably foreseeable - Jolley V Sutton, b) sufficent proximity between the parties - relashonship (osman + feurgson), time + space (bourhill v young), c) it is fair, just and reasonable to impose a duty of care upon D; Hill V CC OR; the 5 omissions 

R V Evans; assumption of care must be significant, R V Wacker; shows exturpi causa (if V + D are doing illegal activities…

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