gross negligence manslaughter (involuntary manslaughter)

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  • Created by: hwelch17
  • Created on: 01-06-19 11:22
Pittwood (D must owe a duty of care)
contract
1 of 17
Pittwood (breach that duty)
failing to fulfil obligation
2 of 17
Gibbins and Proctor (D must owe a duty of care)
relationship
3 of 17
Gibbons and proctor (breach that duty)
failing to take care of a child/family member
4 of 17
Miller (D must owe a duty of care)
creation of dangerous situation
5 of 17
Miller (breach that duty)
failing to minimise the consequences of their dangerous actions
6 of 17
Evans (D must owe a duty of care)
a voluntary assumption of responsibility
7 of 17
evans (breach that duty)
failing to fulfill the responsibility they voluntatily assumed
8 of 17
Donoghue and Stevenson (D must owe a duty of care)
neighbour principle
9 of 17
Wacker (D must owe a duty of care)
being complicit in a crime does not prevent a duty from being owed to the V
10 of 17
misra
the breach of duty must involve a risk of death
11 of 17
White (causation)
factual - but for D's actions, would V have died?
12 of 17
Smith (causation)
Legal - D must be the operative and substantial cuase of the death, more than just a minimal cause
13 of 17
Pagett (causation)
must be a clear link between D's actions and V's death
14 of 17
Blaue (causation)
D must take V as they find them
15 of 17
R v Edwards
complete disregard of negligence - parents allowed daughter and friend to play on a railway but failed to see and warn them of an oncoming train
16 of 17
R v Finley (were D's actions so bad as to be grossly negligent and truly criminal)
not a complete disregard of negligence
17 of 17

Other cards in this set

Card 2

Front

Pittwood (breach that duty)

Back

failing to fulfil obligation

Card 3

Front

Gibbins and Proctor (D must owe a duty of care)

Back

Preview of the front of card 3

Card 4

Front

Gibbons and proctor (breach that duty)

Back

Preview of the front of card 4

Card 5

Front

Miller (D must owe a duty of care)

Back

Preview of the front of card 5
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