Gross Negligence Manslaughter

Created by: annamerrell
Created on: 06-06-17 19:11

What is the definition of GNM?

'A person dies as a result of the negligence of another and that negligence is sufficiently serious enough as to make the D criminally liable for the death.'

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What case sets out the elements to test for GNM?

Adomako.

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A duty of care must be established. What are the duties and their relevant cases?

Contractual duty (Pittwood), holding a public position (Dytham), minimising harmful consequences (Miller), voluntary duty (R v Evans/ Stone and Dobinson), special relationship (Gibbons v Proctor), statutory duty (Road Traffic Act 1988).

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Name three other cases used to support duty of care.

Litchfield, Singh and Wacker.

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What three questions are asked when discussing breach of duty?

Did the D fall below the standards of a reasonable man? What was the size of the risk? What precautions were taken/could have been taken?

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What is used to establish factual causation for GNM?

The but for test (Pagett).

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What case demonstrates the reasonable foreseeability test used to establish legal causation for GNM?

Wagon Mound.

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What case is used when asking whether the breach created a risk of death?

Misra v Srivastava.

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What is the question asked in the case of Bateman?

"Does the conduct of the accused show such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving a punishment?"

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What is stated in the case of Andrews?

"A simple lack of care is not enough, a very high degree of negligence is required to be proved before the crime is established."

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Other cards in this set

Card 2

Front

What case sets out the elements to test for GNM?

Back

Adomako.

Card 3

Front

A duty of care must be established. What are the duties and their relevant cases?

Back

Card 4

Front

Name three other cases used to support duty of care.

Back

Card 5

Front

What three questions are asked when discussing breach of duty?

Back

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Gross Negligence Manslaughter