Gross Negligence Manslaughter

Process to answer application questions to gross negligence manslaughter.

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The Act
Coroners and Justice Act 2009
1 of 20
D has responsibility to act & either...
1) Really should have done something & didn't. OR 2) Does something lawful so badly that we can hold them responsible for the death.
2 of 20
R v Adomako
Anesthetist didn't realise the oxygen tube had disconnected & patient died. Held as gross negligence manslaughter.
3 of 20
R v Broughton
Newest version of R v Adomako. Girlfriend took drugs at festival & reacted badly, boyfriend stayed with her but didn't seek medical assistance. NOT gross negligence manslaughter, couldn't prove causation that she wouldn't have died if she had help.
4 of 20
Duty of care
If you are doing something you have a duty of care to whoever may be affected.
5 of 20
Litchfield
Contractual, captain knew he was using contaminated fuel, people died when the ship broke down.
6 of 20
Creating a dangerous situation
Evans - Sister got drugs for V, when she started overdosing the mum & sister didn't seek medical help. Mum = statutory. Sister = created dangerous situation.
7 of 20
R v Khan & Khan
D supplied V with heroin & then left when she showed signs of overdosing.
8 of 20
What if the 'contract' is unlawful
R v Wacker - D had 80+ immigrants in back of truck, but didn't open air vents.
9 of 20
Breach of duty
If D discharged or breached duty.
10 of 20
R v Winters
Illegally storing fireworks in barn. Fire in another barn, firemen came & D said not to go in barn but didn't explain why. Firemen went in & some died. D breached duty because didn't do enough to discharge.
11 of 20
Breach caused death
General rules apply: factual causation, legal causation, intervening acts.
12 of 20
Risk of death
Not just health/safety/injury - serious & obvious.
13 of 20
Serious
Serious = high risk of death, not just risk
14 of 20
Rudling
Girl rang doctor, he said rest for weekend & see her Monday, she died next day. Not many 12 year old's die of flu so wasn't serious risk.
15 of 20
Obvious
Clear & unambiguous, not just likely to be discovered on further investigation.
16 of 20
Rose
Girl came in for glasses, doctor didn't realise eyes were bulging which was caused by swelling of brain, girl died. Without further investigation = not obvious.
17 of 20
Kuddas
JustEat, peanut allergy so was risk of death. Obvious to reasonably prudent person in D's position.
18 of 20
Bad enough to be considered criminal
Gross = Adomako - extent to which D's conduct departed from the proper standard of care.
19 of 20
Bateman
Beyond a matter of mere compensation.
20 of 20

Other cards in this set

Card 2

Front

1) Really should have done something & didn't. OR 2) Does something lawful so badly that we can hold them responsible for the death.

Back

D has responsibility to act & either...

Card 3

Front

Anesthetist didn't realise the oxygen tube had disconnected & patient died. Held as gross negligence manslaughter.

Back

Preview of the back of card 3

Card 4

Front

Newest version of R v Adomako. Girlfriend took drugs at festival & reacted badly, boyfriend stayed with her but didn't seek medical assistance. NOT gross negligence manslaughter, couldn't prove causation that she wouldn't have died if she had help.

Back

Preview of the back of card 4

Card 5

Front

If you are doing something you have a duty of care to whoever may be affected.

Back

Preview of the back of card 5
View more cards

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