Gross Negligence Manslaughter

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What is the definition of Gross Negligence Manslaughter (GNM)?
Death as a result of careless conduct which is so blameworthy as to be a homicide offence
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Name the case that laid down the requirements for GNM? State the requirements.
R v Adomako = the essential ingredients of involuntary manslaughter by breach of duty are (1) proof of the existence of the duty (2) breach of that duty caused death (3) gross negligence, which the jury considers justifying of a criminal conviction
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What is the Actus Reus of GNM?
D breached a duty of care owed to the V though an act or omission, creating an obvious risk of death and leading to that death
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Which case (stating the two points made in the ratio) demonstrates that GNM can be committed by an act or omission?
Khan & Khan = (1) there is no duty of care unless D supplies and injects the drugs (2) omission can be the basis for gross negligence manslaughter
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When does a duty of care usually arise? Stating the 6 examples
A duty of care usually arises from an omission.
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State 6 example of when an omission can become the actus reus of a crime, giving cases to confirm this
(1) Parental Duty = Gibbons & Proctor (2) Official Position = Dytham (3) Creating a dangerous situation and failing to rectify = Miller (4) Assumed duty of carer = Stone & Dobinson (5) Contractual duty = Pittwood (6) Statutory duty e.g. seatbelt
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What case (stating the ratio) shows that an omission can be the basis for GNM?
Evans = D found guilty under Miller for creating a dangerous situation and failing to rectify it (leaving her in recovery position)
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Can a defendant use the defence of 'ex turpi causa' for a charge of GNM? Name the case, and ratio, that confirms this
No, after R v Wacker, the test of whether a duty of care was owed is the same as a general test of negligence but the civil law defence cannot be pleaded as a matter of public policy
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In 'breach of duty' who is the D compared to?
The D is judged on the standard of the reasonable person performing the activity involved
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How is 'breach of duty' applied to case involving an omission?
The reasonable man test would state that a person in D's position would have recognised there was an obvious risk of death
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What case (stating the ratio) demonstrates the 'breach of duty' element of GNM?
Misra = the breach of duty must create an obvious risk of death; risk of bodily injury or injury to health is not enough
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Does causation apply in GNM?
Yes!!! If an act breaks the chain of causation then the defendant is no longer liable for the V's death
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In which case was the mens rea of GNM determined? What is the mens rea?
Adomako, the mens rea of GNM is gross negligence
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Name the judge (stating his quotation) regarding the mens rea of GNM?
Lord MacKay: the conduct of D so bad as to amount to a criminal act or omission
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What case (giving the ratio) did he refer to?
Bateman = in the opinion of the jury, the negligence went beyond a mere matter of compensation, deserving punishment
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What case (giving the ratio) demonstrates the mens rea of GNM?
Litchfield = it is up to the jury to decide whether or not negligence is gross; the question for the jury is whether it amounts to manslaughter
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Card 2

Front

Name the case that laid down the requirements for GNM? State the requirements.

Back

R v Adomako = the essential ingredients of involuntary manslaughter by breach of duty are (1) proof of the existence of the duty (2) breach of that duty caused death (3) gross negligence, which the jury considers justifying of a criminal conviction

Card 3

Front

What is the Actus Reus of GNM?

Back

Preview of the front of card 3

Card 4

Front

Which case (stating the two points made in the ratio) demonstrates that GNM can be committed by an act or omission?

Back

Preview of the front of card 4

Card 5

Front

When does a duty of care usually arise? Stating the 6 examples

Back

Preview of the front of card 5
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