Gross negligence manslaughter 0.0 / 5 ? LawLaw of TortCriminal lawA2/A-levelAll boards Created by: Mia_ScottCreated on: 07-10-20 17:42 First element of gross negligence manslaughter Must be a duty of care between the defendant and victim 1 of 14 Second element of gross negligence manslaughter Must be a breach of that duty that causes death 2 of 14 Third element of gross negligent manslaughter breach must be so grossly negligent the jury consider it criminal 3 of 14 fourth element of gross negligent manslaughter there must be a risk of death 4 of 14 What case sets out the neighbour principle? Donoghue v Stephenson 1932 5 of 14 What duty did the defendant have in R v Pitwood? Contractual duty 6 of 14 What case sets out factual causation? R v White 1910 7 of 14 Factual causation sets out what test? but for test 8 of 14 What contribution establishes legal causation? A significant contribution 9 of 14 What case sets out gross negligence? R v Bateman 1925 10 of 14 Who decides whether the defendants negligence was sufficient enough for manslaughter? The Jury 11 of 14 Who said this " whether...the conduct of the defendant was so bad in all the circumstances as to amount...to a criminal act or omission"? Lord Mackay 12 of 14 What case demonstrates a risk of death due to negligence? R v Misra & Srivastava 2004 13 of 14 How is risk of death judged? Objectively 14 of 14
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